9.
Faced with this request for provisional measures, the Court must determine
whether those requirements are met and consider only the procedural obligations of
the State as part of the American Convention. To the contrary, as noted in the
Court’s jurisprudence, when dealing with a request for provisional measures, the
Court cannot consider the merits or any argument that is not strictly related to the
elements of extreme gravity, urgency, and need to avoid irreparable harm to
persons.
Such extraneous issues may only be brought before the Court in
traditional contentious case proceedings. 10
10.
From the information furnished by the Commission, it is apparent that the
events occurring in the Socio-Educational Internment Facility (supra Having Seen
clause 14), demonstrate a prima facie situation of extreme gravity, urgency, and
possibly irreparable harm to the rights to life and personal integrity of the inmates
at this facility, as well as of the officials and others who may enter the facility. In
particular, the extreme intensity of the situation of risk is derived from the
information that has been provided that indicates several acts of violence, such as
the riots and threats of riots, assaults against the interned adolescents, both prior
to the precautionary measures determined by the Commission and during the
months of February, April, May, August, October, November, December of 2010,
and also during the months of January and February 2011 (supra Having Seen
clause 14 and 17). Moreover, of the evidence provided to the Court by the parties,
the Court notes reports drafted by State bodies during the 2010 year, specifically
by the National Council of Justice, by the Public Prosecutor’s Office of the state of
Espírito Santo, and by the administration itself of the UNIS, those of which describe
“the lack of administrative control in relation to the facility [as] fragrant [and that]
the situation of a constant state of rebellion among the young people suggests
inefficiency in the administration of the facility,” 11 and a large number of serious
incidents that put at risk the lives and physical integrity of the prisoners. 12
Moreover, the mentioned reports also refer to the precarious conditions in which
the children and adolescents are interned.13
11.
In this regard, the Court notes the actions taken by the State to reform and
build new establishments appropriate for the care of children and adolescents in
conflict with the law and to initiate investigations on the reported incidents.
However, the Commission noted that the efforts have not been sufficient because
the problems have worsened and the reports of assaults have continued (supra
Having Seen clause 14).
Human Rights of September 1, 2010, Considering clause seventy-second, and Matter of the Colombian
Commission of jurists. Request for Provisional Measures regarding Colombia. Order of the InterAmerican Court of Human Rights of November 25, 2010, Considering clause six.
10
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the
Inter-American Court of Human Rights of August 29, 1998, Considering clause six; Matter of Gladys
Lanza Ochoa. Provisional Measures regarding Honduras. Order of the Inter-American Court of Human
Rights of September 2, 2010, Considering clause seven, and Matter of the Colombian Commission of
jurists, supra note 9, Considering clause seven.
11
Report of the visit of the National Council of Justice to the Socio-Educational Internment
Facility, May 25, 2010, page 14.
12
Occurrences in the UNIS and forensic examination reports, Annex VI to the State's brief of
February 7, 2011, filed on February 21, 2011
13
Report of the visit of the Public Prosecutor’s Office to the Socio-Educational Facilities of IASES,
on August 9, 2010, annex IV to the brief of January 17, 2011, filed by the State on February 21, 2011,
page 2, and Action OF investigation of irregularities in the Socio-Educational Internment Facility filed by
the Public Prosecutor of the state of Espírito Santo on December 1, 2010, Annex VI of the brief of
January 17, 2011, filed by the State on February 21, 2011, page 2.
9