CONSIDERING: 1. Brazil has been a State Party to the American Convention on Human Rights (hereinafter “the American Convention” or “the Convention”) since September 25, 1992, and in accordance with Article 62 of the Convention, it recognized the contentious jurisdiction of the Court on December 10, 1998. 2. Article 63(2) of the American Convention provides that “in cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons,” the Court may, in matters not yet submitted before it, adopt such provisional measures as it deems pertinent upon the request of the Commission. This provision is itself governed by Article 27 of the Rules of Procedure of the Court.1 3. Article 27 of the Rules of Procedure provides in relevant part 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 Presidency 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. Owing to information on various acts of violence, such as riots (and threats of the same) and assaults on juveniles in that Unit, as well as the information contained in State reports composed during 2010 which described “the lack of administrative control in relation to the complex [as] flagrant [and] a constant state of rebellion amongst the young population,”2 on February 25, 2011, the Court decided to adopt the present provisional measures “in order to avoid acts of violence in the SocioEducational Inpatient Unit, as well as harm to the physical, mental, and moral integrity of the committed children as well as all others who may find themselves inside that establishment.”3 a) Implementation of Provisional Measures 5. that: Regarding the implementation of provisional measures, the State reported a) the federal and state authorities signed a “Pact for the Improvement of SocioEducational Assistance in the State of Espírito Santo and Compliance with the Provisional Measures Issued by the Inter-American Court until September 30, 1 Rules of Procedure approved by the Court during its LXXXV Regular Session held on November 16-28, 2009. 2 Matter of the Socio-Educational Inpatient Unit. Provisional Measures regarding Brazil. Order of the Inter-American Court of Human Rights of February 25, 2011, Considering clause ten. 3 Matter of the Socio-Educational Inpatient Unit, supra note 2, Considering clause thirteen. 2

Seleccionar párrafo de destino3