ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF JANUARY 29, 20141
PROVISIONAL MEASURES REGARDING THE REPUBLIC OF BRAZIL
MATTER OF THE SOCIO-EDUCATIONAL INTERNMENT FACILITY
HAVING SEEN:
1.
The Orders rendered by the Inter-American Court of Human Rights (hereinafter “the
Inter-American Court,” “the Court” or “the Tribunal”) on February 25 and September 1,
2011, April 26 and November 20, 2012, and August 21, 2013, in which, among other
things, it required the Federative Republic of Brazil (hereinafter “the State” or “Brazil”) to
immediately adopt the necessary measures to effectively protect the life and personal
integrity of all children and adolescents deprived of liberty in the Socio-Educational
Internment Facility [Unidade de Internação Socioeducativa] (hereinafter “the Facility” or
“the UNIS”), as well as any person in said establishment.
2.
The brief of October 22, 2013 and its annexes, wherein the State provided the
compliance report in regard to these provisional measures requested in the Order of August
31, 2013 (supra Having Seen clause 1).
3.
The brief of December 6, 2013 and its annexes, wherein the representatives of the
beneficiaries (hereinafter “the representatives”) provided their observations to the State’s
reports.
4.
The Inter-American Commission on Human Rights (hereinafter “the Inter-American
Commission” or “the Commission”) did not provided observations to the State’s report or the
observations made by the representatives.
CONSIDERING THAT:
1.
In light of the State’s report, the observations of the representatives and the InterAmerican Commission, and in order to consider the State’s request that the provisional
measures be lifted and to fully assess the effectiveness of the provisional measures, the
Court ordered the State to provide complete and thorough information on the evolution of
the adopted measures as a whole and its impact on the eradication of risk to the
beneficiaries as of the adoption of the measures in February 2011 to the present, as well as
the permanent measures implemented to ensure the protection of the beneficiaries in the
Socio-educational Internment Facility. Moreover, the representatives provided their
observations and information they deemed relevant to this purpose.
2.
In this regard, from the information submitted by the State and the representatives,
the eradication of the risk to the beneficiaries of the provisional measures is not evident
1
The Judge Roberto F. Caldas, of Brazilian nationality, did not participate in the deliberation of this Order,
pursuant to that provided in Articles 19(2) of the Statute and 19(1) of the Rules of Procedure of the Court.