12
would totalize 108 officers (supra Having Seen Clause No. 22). The representatives
informed that a person who was confined in Almafuerte might have died on July 17,
2007 in a hospital, "after being assisted due to a diagnosis of pneumonitis” (supra
Having Seen Clause No. 23). Thus, the Court has not been informed on facts which
reveal or imply a situation of extreme seriousness and urgency for the life and the
integrity of the people deprived of liberty within that Penitentiary Complex.
16.
That although it is not admissible to broaden the provisional measures
herein referred to, it is convenient to remember that Article 1(1) of the Convention
sets forth the general obligations that the States Party have to respect the rights
and liberties consecrated therein, and to guarantee their free and total exercise to
any person subjected to their jurisdiction, which are imposed not only with respect
to the power of the State, but also with respect to the actions of third parties. This
Court has considered that the State is in a special position of guarantor of the
people deprived of their liberty in penitentiaries or detention centers, due to the
fact that penitentiary authorities exercise total control over them.1 Furthermore,
“[o]ne of the obligations that the State must inevitably assume in its position as
guarantor, and in order to protect and guarantee the right to life and physical
integrity of those deprived of liberty, is that of [seeking] them the minimum
conditions compatible with their dignity as they remain in detention centers”.2 Thus,
regardless of the existence of specific provisional measures, the State is especially
obliged to guarantee the rights of the people in circumstances of deprivation of
liberty.
NOW THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
Exercising the authority conferred upon him by Article 63(2) of the American
Convention on Human Rights and Articles 25 and 29 of its Rules of Procedure, and
in consultation with the other Magistrates of the Court,
DECIDES:
1.
To overrule the request for broadening the provisional measures ordered in
the case of the Penitentiaries of Mendoza filed by the beneficiaries representatives
1
Cf., inter alia, Matter of Urso Branco Prison. Provisional Measures. Order of the Inter-American
Court of Human Rights of June 18, 2002, Considering Clauses No. six and eight; Matter of Children
Deprived of Liberty in the “Complexo do Tatuapé” of FEBEM. Provisional Measures. Order of the InterAmerican Court of Human Rights of July 3, 2007, Considering Clause No. seven; Matter of Yare I and
Yare II Capital Region Penitenciary Center. Provisional Measures. Order of the Inter-American Court of
Human Rights of March 30, 2006, Considering Clause No. nine; and Matter of the Mendoza Prisons.
Provisional Measures. Order of the Inter-American Court of Human Rights of November 22, 2004,
Considering Clause No. six.
2
Cf. Case of the “Juvenile Reeducation Institute”. Judgment of September 2, 2004. C Series No.
112, par. 159; Matter of the Mendoza Prisons, supra note 1, Considering Clause No. ten. See also Matter
of Urso Branco Prison. Provisional Measures. Order of the Inter-American Court of Human Rights of
September 21, 2005, Considering Clause no. six; Matter of Children Deprived of Liberty in the
“Complexo do Tatuapé” of FEBEM. Provisional Measures. Order of the Inter-American Court of Human
Rights of November 30, 2005, Considering Clause no. seven, and Matter of Yare I and Yare II Capital
Region Penitenciary Center, supra note 1, Considering Clause no. nine.
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