The request for provisional measures was submitted by the Inter-American Commission, based on its precautionary measures MC 923-04, and due to the gravity of the prison situation of the Provincial Prison of Mendoza and of the Gustavo André Unit in the town of Lavalle. The evidence highlighted the continued risk to the lives of inmates, various incidents that led to inmates killed/injured and employees injured, as well as deplorable living conditions in detention centers, among other issues.

The Inter-American Court ordered the State to adopt the necessary measures to protect the life and integrity of people deprived of liberty in the aforementioned prisons, as well as of all people within these units, and to investigate the acts of violence upon which the peition is based.

In December 2010, the Inter-American Court of Human Rights lifted these measures. The following year, in 2011, the Inter-American Court rejected a new request that sought to extend protection to other units, stating that "the inter-American human rights system will continue to address the situation of the Mendoza Prisons through the actions of one of its organs [the Inter-American Commission], which must determine the next step in the proceedings, either within the framework of the petition pending definition, or by means of other mechanisms such as the Inter-American Commission’s Rapporteur for the Rights of Persons Deprived of Liberty”.