4
CONSIDERING THAT:
1.
Argentina has been a State Party to the American Convention on Human Rights
(hereinafter "the American Convention" or "the Convention") since September 5, 1984, and
in accordance with Article 62 of the Convention, recognized the contentious jurisdiction of
the Court in the same ratification act.
2.
Article 63(2) of the American Convention holds that, “In cases of extreme gravity and
urgency, and when necessary to avoid irreparable damage to persons,” the Court shall be
able to order the provisional measures it considers pertinent in matters that have not yet
been submitted to it and at the request of the Commission. This provision is regulated by
Article 27 of the Rules of Procedure of the Court.10
3.
These provisional measures were initially ordered through an Order dated November
22, 2004, in which the Court found that “from the background presented by the
Commission on this matter, as well as from the State’s statements, it can be deduced
prima facie that […] a situation of extreme gravity and urgency prevail[ed] in [the Mendoza
provincial penitentiary and Gustavo André Unit in Lavalle] such that the lives and integrity
of the individuals deprived of liberty in [those facilities] and of the individuals found within
them were at grave risk and vulnerable.” Later, that judgment was reiterated by the Court
in rulings dated June 18, 2005, March 30, 2006, and November 27, 2007, which maintain
the order for provisional measures upon considering that the situation of extreme gravity
and urgency persisted. In addition, a request by the representatives for the provisional
measures to be broadened to the benefit of individuals imprisoned in another penitentiary
(Penitentiary Complex III “Almafuerte” in Cacheuta) was dismissed (supra Having Seen 7).
Also, case No. 12.532, "Inmates of the Mendoza Penitentiary," is being processed in the
merits stage before the Inter-American Commission. In the context of that case, the
petitioners and the State have reached a friendly settlement agreement that is pending
approval of the corresponding proceeding on the part of the Commission (infra Considering
10). In its latest reports submitted during the year 2010, the State has asked that the
provisional measures be lifted.
4.
Given the period during which these provisional measures are in force, the results of
the in situ visit to the penitentiaries carried out by a delegation of the Commission in April
of 2009 and its corresponding report (supra Having Seen 13), and the aforementioned
request for the measures to be lifted, it is necessary to carry out an examination of the
progress made in the implementation of the provisional measures before weighing the
need to maintain them, as follows: i) information beyond the purpose of the provisional
measures; ii) analysis on the implementation of the provisional measures; and iii) the
request that the measures be lifted.
i) Information submitted that is beyond the purpose of the provisional
measures
10
Rules of Procedure passed in the LXXXV Regular Period of Sessions held from November 16 to 28, 2009.