2. Article 63(2) of the American Convention establishes that in “cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons,” the Court may, in a case not yet submitted to its consideration, order such provisional measures as it deems pertinent at the request of the Commission. This provision is also regulated in Article 27 of the Rules of Procedure of the Court.1 3. The relevant part of Article 27 of the Rules of Procedure stipulates that: 1. At any stage of proceedings involving cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court may, on its own motion, order such provisional measures as it deems appropriate, pursuant to Article 63(2) of the Convention. […] 9. The Court, or its President if the Court is not sitting, may convene the Commission, the beneficiaries of the measures or their representatives, and the State to a public or private hearing on provisional measures. 4. In its last order issued on November 25, 2009, owing to the alleged acts of violence that occurred while in custody, and the claims of torture and other ill-treatment attributed to state agents or other inmates of the same prison, the Court considered that there subsisted in the Urso Branco Prison (hereinafter “the Prison” or “Urso Branco”) “a situation of extreme gravity and urgency, and the risk of irreparable damage and, consequently, it was appropriate to maintain the provisional measures in force, by virtue of which the State has the obligation to protect the life and physical integrity of all the persons deprived of liberty in the Prison, as well as that of the other persons who may be in the prison.”2 a) Implementation of these provisional measures 5. that: In relation to the implementation of these provisional measures, the State indicated a) Regarding the list of people who had died in the Prison presented by the State during the public hearing of September 30, 2009, “it has not yet been possible to conclude the work of correcting” it; this includes: (a) individual file cards with the information of the deceased; (b) the updated list of violent deaths, and (c) the names that were removed from the previous list of deaths with the respective justification. This updating process is still underway and should be concluded soon; b) Regarding the complaints about violent incidents that allegedly occurred between July 2009 and December 2010, in which the victims have been identified, the State is taking action by inquiries initiated by the police, the Office for Internal Affairs, and the Public Prosecutors’ Office, as well as by the ongoing judicial proceedings. Moreover, the representatives were asked to present “complementary data and information that make it possible to clarify the reported facts”; 1 Rules of Procedure approved by the Court at its eight-fifth regular session held from November 16th to 28th, 2009. 2 Matter of the Urso Branco Prison. Provisional measures with regard to Brazil. Order of the Inter-American Court of Human Rights of November 25, 2009, forty-first considering paragraph. 2

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