ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS1
OF NOVEMBER 26, 2010.
PROVISIONAL MEASURES
REGARDING THE REPUBLIC OF ARGENTINA
MATTER OF THE MENDOZA PENITENTIARIES
HAVING SEEN:
1.
The Order of the Inter-American Court of Human Rights (hereinafter "the Court" or
"the Inter-American Court") of November 22, 2004, in which it ordered, under the terms of
articles 63(2) of the American Convention on Human Rights (hereinafter "the Convention"
or" the American Convention") and 25 of the Rules of Procedure of the Court in force at the
time,2 to require the Republic of Argentina (hereinafter "the State" or "Argentina") to
immediately adopt the measures necessary to protect the lives and personal integrity of all
individuals deprived of liberty in the Mendoza provincial penitentiary and the Gustavo
André unit, in Lavalle, as well as of all other individuals found within those facilities.
2.
The public hearing on the implementation of the provisional measures, held in
Asuncion, Paraguay, on May 11, 2005.3
3.
The document signed by the representatives of the Inter-American Commission, the
beneficiaries of the provisional measures, and the State, submitted on May 11, 2005,
before the Court during that public hearing (supra Having Seen 2) - known as the
“Asuncion Accords” - in which they expressed their agreement to maintain the provisional
measures in force and agreed to "bring before the consideration of the […] Inter-American
Court [… a] collection of measures [so that] the Tribunal can evaluate the possibility of
clarifying the details of the content of the Order of November 22, 2004, in order to
guarantee the lives and physical integrity of the beneficiaries of that order."
4.
The Order of the Court of July 18, 2005, reiterating the provisional measures ordered
by the Tribunal.4
1
Judge Leonardo A. Franco did not participate in the deliberation or signing of this Order due to his
Argentine nationality, pursuant to articles 19 of the Statute and 19 of the Rules of Procedure of the Court.
2
Rules of Procedure passed by the Court in its XLIX Regular Period of Sessions, held on November 16 to
25, 2000, and partially reformed by the Court during its LXI Regular Period of Sessions held from November 20 to
December 4, 2003.
3
Matter of the Mendoza Penitentiaries. Provisional Measures regarding Argentina. Order of the President of
the Inter-American Court of Human Rights of March 18, 2005.
4
Matter of the Mendoza Penitentiaries. Provisional Measures regarding Argentina. Order of the InterAmerican
Court
of
Human
Rights
of
June
18,
2005.
Available
at: