4
19.
The note of the Clerk dated May 18, 2007 by means of which, following
instructions of the Court en banc, he informed the State, the Commission and the
representatives that, before adopting any decision regarding the broadening of
provisional measures, the Court considered it proper to request the Inter-American
Commission to inform -as soon as possible- about its decision in respect of the
invitation that the State had made (supra Having Seen Clauses Nº 16 and 17,) and
further, that in case the Commission was contemplating the visit, then, to inform
the Court about the approximate dates on which such visit would be completed.
20.
The note of the Clerk dated June 7,2007, by means of which, following
instructions of the President of the Court, he requested the Inter-American
Commission that through its President, who is also the Commission Rapporteur for
Argentina and Rapporteur on Rights of Persons Deprived of their Liberty, the
Commission informed the Court about any advances made regarding the requests
made through a Clerk’s note dated May 18, 2007 (supra Having Seen Clause Nº
19,) and further, to inform about its updated opinion with regard to the need to
broaden the abovementioned provisional measures, and particularly, to provide any
information that the Commission may have as regards de “extreme seriousness and
urgency” of the situation and the possibility that “irreparable harm” may be caused
to the persons that may be incarcerated in the Complejo Penitenciario III
(Almafuerte) (III Penitentiary Complex –Almafuerte-.) This note was reiterated on
July 3, 2007.
21.
The brief dated June 20, 2007 and communications dated June 6, 9, 23, 24,
25 and 26, 2007, by means of which the representatives, inter alia, sent a copy of
a “complaint for an extended confinement of [an inmate that could be detained] in
the Almafuerte Penitentiary” and attached thereto a “complaint” filed by the mother
of an inmate due to the alleged aggressions suffered by her son in such
penitentiary center.
22.
The brief dated July 9, 2007, by means of which the State submitted its XIV
report regarding the implementation of the above stated provisional measures, as
well as information regarding the Complejo Penitenciario III (Almafuerte) (III
Penitentiary Complex –Almafuerte-.)
23.
The briefs submitted on July 18 and 27, 2007, by means of which the
representatives informed that the inmate “Carlos Flores-Ramos [who was
incarcerated in Almafuerte,] had died on [July 17,2007] at the Lagomaggiore
Hospital after being treated for a pneumonitis,” as well as information regarding a
recent visit they had made to such penitentiary.
24.
The brief of July 19, 2007, by means of which the Commission informed its
answer to the Clerk’s notes dated May 18, June 7 and July 3, 2007 (supra Having
Seen Clauses Nº 19 and 20,) and expressed that it “shall use all means available to
continue surveillance and follow-up of the situation of the Complejo Penitenciario III
(Almafuerte) (III Penitentiary Complex –Almafuerte-,) and if it has the necessary
resources, the Commission shall organize a visit for the end of the year, and in
such case, it shall prepare an extraordinary Rapport for the Court to be informed.”
CONSIDERING:
1.
That Argentina has been a Member State of the American Convention since
September 5, 1984, and that pursuant to Article 62 of the same, it acknowledged
the contentious jurisdiction of the Court in the same act of ratification.
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