given the continuing reports regarding aggression among inmates, among officials against
inmates, and of the “abusive” use of handcuffs as punishment for the inmates, among
others. Also, the report submitted by the State, once compared with the information
provided by the representatives, was not sufficiently convincing in showing that the
measures taken thus far have taken on a permanent nature and that they have succeeded in
eliminating the risk against the inmates.
3.
Given the foregoing, the Court considers it necessary to maintain the provisional
measures, to which the State must continue to make the necessary arrangements so that
these be planned and implemented with the participation of representatives of the
beneficiaries. The Court notes that it is essential to ensure that the representatives have
access to the UNIS and that collaboration exist between the State and those in the
implementation of the provisional measures.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
Pursuant to the powers granted in Articles 63(2) of the American Convention, and 27 and 31
of the Rules of Procedure,
DECIDES TO:
1.
Require the State to continue to immediately adopt all necessary measures to
eliminate the risk and protect the life and physical, mental and moral integrity of the
children and adolescents deprived of liberty in the Socio-Educational Internment Facility,
and any person in that establishment. In particular, the Court reiterates that the State must
ensure that the disciplinary regimen fall within the framework of international standards on
the matter. These provisional measures shall remain in force until September 30, 2014.
2.
Require the State to make the necessary arrangements so that the measures of
protection regarding life and humane treatment, including medical and psychological care
for the inmates be planned and implemented with the participation of the representatives of
the beneficiaries and that they be kept informed regarding the progress in its
implementation.
3.
Require the State to provide complete and thorough information on the actions taken
as a whole to comply with the provisional measures that were ordered in regard to the risk
of the beneficiaries, and the permanent measures to ensure the protection of beneficiaries in
this Facility, every three months as of the notification of this Order.
4.
Request the representatives of the beneficiaries to provide their observations to the
State's reports within four weeks as of the date of notification of the State’s reports.
Furthermore, the Commission must submit its observations to the aforementioned briefs of
the State and the representatives within two weeks as of the date of receipt of the written
observations of the representatives.
5.
Inform the State, the representatives, and the Commission that the Court plans to carry
out a public hearing on this matter during the course of 2014. The summons to said hearing
will be provided to the parties in a timely manner.
6.
Provide that the Secretary provide legal notice of this Order to the Federal Republic of
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