also reported that it has adopted various measures in compliance with the orders of
the Tribunal. However, there is a discrepancy among the parties regarding the
implementation and efficacy of the protective measures. For that reason, this
Presidency deems it opportune to receive updated and detailed information, during a
public hearing, on the status of implementation of provisional measures, as well as
arguments from the State, the representatives, and the Inter-American Commission
on the persistence of a situation of extreme gravity and urgency that prompted the
adoption of these measures in favor of the beneficiaries, in order to assess the need
for maintaining them in place.
13.
This Presidency notes that the parties in their briefs have referred to the
conditions of detention in the Unit of Socio-Educational Assistance, as well as those
of other Units in the State of Espírito Santo. They also referred to the investigations
conducted into acts of violence occurring in the UNIS (supra Considering 5-10). In
that regard, this Presidency notes that the detailed analysis of the compatibility of
these detention conditions with the American Convention, as well as the State’s duty
to investigate such facts, are not the focus of the present provisional measures,
which were granted specifically 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 and all others who may find themselves inside
that establishment.” (supra Considering 4). Finally, this Presidency recalls that the
present measures were dictated in relation to events occurring inside the UNIS and
not in other juvenile detention facilities, such that the information and the arguments
of the parties shall be limited to that context.
THEREFORE:
THE PRESIDENT OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
In utilizing the powers conferred by Articles 63(2) of the American Convention on
Human Rights, Articles 24(1) and 25(2) of the Statute of the Court, and Articles 4,
27, and 31(2) of the Rules of Procedure of the Tribunal,
DECIDES:
1.
To convene the Federative Republic of Brazil, the representatives of the
beneficiaries, and the Inter-American Commission on Human Rights to a public
hearing to be held in the city of Bogota, Colombia on August 25, 2011 from 5:15 pm
to 9:00 pm so that the Tribunal may receive arguments from the parties on the
provisional measures ordered in this case.
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