8
Almafuerte-) in Cacheuta to reorganize the activities of the inmates confined in
SECTORS I and 2 of that Complex so that they are allowed to have more breaks and
consequently reduce the number of hours they remain confined, provided the
Institution security allows so.
12.
That as informed by the State, after this decision of the Criminal
Enforcement Court, the Director of the III Penitentiary Complex issued several
memos ordering a series of measures and guidelines aimed to correct the situations
of fact which gave rise to the request for broadening the provisionary measures
(supra Considering Clause No. 9).
13.
That before the request to broaden the provisional measures ordered by this
Court, according to information added to the case file, the domestic courts including the Argentinean Supreme Court-, passed several judgments regarding the
facts that originated them and which order the protection of the people deprived of
liberty in the Province of Mendoza in general. This Presidency considers the
attention of the domestic courts to the above described situation to be of utmost
importance and in that sense and it enhances the following decisions:
a) in a judgment of February 13, 2007, the National Supreme Court
considered, inter alia, that “[…] as custodian of the constitutional safeguards
and due to the lack of results regarding the order issued by the InterAmerican Court of Human Rights, it sees itself in the inevitable obligation to
order the National State to adopt the measures to put an end to the
situation of the penitentiary facilities of the Province of Mendoza within
twenty days, and to take the measures that shall be stated in the operative
part of this judgment […]” and it decided:
“I.- To order the National State to adopt the necessary measures to put an
end to the situation of the penitentiary facilities of the Province of Mendoza
within twenty days; II.- To order the Supreme Court of Mendoza as well as
the courts of all instances of that province, in their respective jurisdictions and
by decision of this Supreme Court -considering the urgency of the case-, to
cause any eventual aggravation of a detention situation which may imply
cruel, inhuman or degrading treatment or any other kind of treatment
susceptible of entailing the international liability of Federal State, to come to
an end; III.- To order that every twenty days the National Executive Power
informs the Court on the measures it adopts to improve the situation of the
detainees. Serve notice upon […] the National Executive Power – Ministry of
Justice and Human Rights-; and the governor of the Province of Mendoza
[…]”
b) in a Decision of February 14, 2007, the Supreme Court of Mendoza ruled:
1. To serve notice and inform on the content of the decision [of the National
Supreme Court of February 13, 2007], to all the Courts of the Province of
Mendoza for its fulfillment and to cause any eventual aggravation of the
detention conditions which may imply a violation of Article 18 of the National
Constitution to come to an end; 2. To order an extraordinary visit to female
penitentiaries Boulogne Sur Mer and Gustavo André, which shall be conducted
by the Justices of this Court to all the penitentiary facilities of the Province; 3.
To order the immediate verification of the conditions in the penitentiary
institutions through Criminal Enforcement Judges; 4. To set [a] hearing for
February 19 [2007] so that the Governor of the Province of Mendoza appears
before this Court to inform on the degree of fulfillment of the provisional
measures [sic] set by the Inter-American Court of Human Rights; and to
request the National Supreme Court to subpoena the National Executive
Power so that it immediately proceeds to relocate the federal inmates
institutionalized in the Provincial Penitentiary.
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