Order of the President of the
Inter-American Court of Human Rights
of August 22, 2007
Request for the Broadening of Provisional Measures
in the Matter of the Mendoza Prisons
HAVING SEEN:
1.
The order of the Inter-American Court on Human Rights (hereinafter “the
Court” or “The Inter-American Court”) dated November 22, 2004, through which,
pursuant to Article 63(2) of the American Convention on Human Rights (hereinafter
“the Convention” or “the American Convention”) and Article 25 of the Rules of
Procedure of the Inter-American Court (hereinafter “the Rules of Procedure”,) it
was resolved to request the Argentine Republic (hereinafter “the State” or
“Argentina”) to forthwith adopt any measures as may be necessary in order to
protect the life and the right to humane treatment of all those persons that are
deprived of their liberty in the Penitenciaría Provincial de Mendoza (Provincial
Penitentiary of Mendoza) and in the Unidad Gustavo André (Prison Facility Gustavo
André), in Lavalle, as well as to protect the life and the right to humane treatment
of all those people that may be confined in such facilities.
2.
The public hearing to deal with the facts and circumstances regarding the
implementation of the provisional measures, which hearing was held in Asunción,
Paraguay, on May 11, 2005.
3.
The stipulation signed by the delegates of the Inter-American Commission,
the representatives of beneficiaries and the State, submitted on May 11, 2005 for
the consideration of the Court during such public hearing (supra note 2,) wherein
they stated their consent to keep the provisional measures in force and further
agreed “to submit to the consideration of the [...] Inter-American Court [...] a set
of measures so that the Court may evaluate the possibility of specifying the
contents of the Order of November 22, 2004, in order to protect the right to life and
to humane treatment of the beneficiaries under such order.”
4.
The Order of the Court dated June 18, 2005.
5.
The public hearing regarding the above stated provisional measures which
was held in Brasilia, Brazil, on March 30, 2006
6.
The Order of the Court of March 30, 2006, by means of which the following
was decided:
1.
To order the State to adopt —in an immediate and inexcusable manner— the
effective and necessary provisional measures to efficiently protect the life and integrity
of all the persons held in custody in the Mendoza Provincial Prison and those in the
Gustavo André Unit of Lavalle, as well as every person found within those facilities,
especially to eradicate the risk of violent death and the deficient conditions of security
and internal control in confinement centers, pursuant to the provisions set out in
Considering Clauses 11 and 12 of this Order.
2.
To order the State to implement of the provisional measures ordered in
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