5.
The order of the Court of November 27, 2007, in which it decided to ratify all
aspects of the order of the President of the Court of August 22, 2007, and to require the
State to continue adopting the said provisional measures.
6.
The order of the Court of November 26, 2010, 5 in which it decided:
1.
To lift the provisional measures ordered by the Inter-American Court of Human Rights
on November 22, 2004, ratified and described in the Orders of June 18, 2005, March 30, and
November 27, 2007, ordered to protect the life and integrity of all the persons deprived of liberty
in the Mendoza Provincial Prison and in the Gustavo André Unit, in Lavalle, as well as all the
persons who are within those prisons.
2.
To clarify that, according to Article 1(1) of the American Convention, the lifting of the
provisional measures does not imply that the State is relieved of its treaty-based obligations of
protection.
3.
To request the Secretariat of the Court to notify this order to the Inter-American
Commission on Human Rights, the representatives of the beneficiaries and the Argentine State.
4.
To close the file on this matter.
7.
The brief of March 14, 2011, at its attachments, in which the Inter-American
Commission on Human Rights (hereinafter “the Inter-American Commission” or “the
Commission) filed a “request to re-open the provisional measures” to protect the life
and personal integrity of the inmates of the Mendoza Provincial Prison, specifically in the
Penitentiary Complexes of San Felipe (hereinafter also “San Felipe Unit” or “San Felipe
Prison Unit”) and Boulogne Sur Mer (hereinafter also “Boulogne Sur Mer Unit” or
Boulogne Sur Mer Prison Unit”). In addition, it asked that the measures be extended in
particular to William Vargas García, Walter Fabián Correa, Andrés Yacante and Matías
Marcelo Tello Sánchez.
8.
The note of the Secretariat of the Court (hereinafter also “the Secretariat”) of
March 11, 2011, in which, on the instructions of the President of the Court and in
application of Article 27(5) of the Rules of Procedure, it asked the State to present, by
March 15, 2011, at the latest, any observations and documentation it considered
pertinent in order to decide the said request.
9.
The communication of March 14, 2011, in which the State requested “a new time
frame to respond,” and the note of the Secretariat of March 15, 2011, in which the
State was granted the requested extension until March 21, 2011.
10.
The brief of March 21, 2011, without attachments, in which the State presented
its observations on the above-mentioned request of the Inter-American Commission.
11.
The Secretariat’s note of March 31, 2011, in which, on the instructions of the
President of the Court, the State’s brief was forwarded to the Inter-American
Commission so that, by April 12, 2011, at the latest, it would present any observations
it deemed pertinent.
5
Matter of the Mendoza Prisons. Provisional measures with regard to Argentina. Order of the InterAmerican Court of Human Rights of November 26, 2010.
2