12
Having Seen clause No. 6); and new mutinies which have resulted in several injured
people (supra Having Seen clauses No. 8 and 9).
7.
That in the scope of International Human Rights Law, provisional measures
not only have a provisional characteristic, as they preserve a legal status, but also a
fundamentally protective nature because they protect human rights. As long as the
basic requirements of gravity, urgency and prevention of irreparable damage to
people are present, provisional measures turn into a true jurisdictional guarantee of
preventive nature.
8.
That, by virtue of the liability of the State to adopt security measures to
protect the people under its jurisdiction, the Court understands that this obligation
becomes more evident in the case of people confined in a detention center, in which
case the State is the guarantor of the people under its custody.1
9.
That the State obligation to protect all the people under its jurisdiction
encompasses the duty to control the action of third parties, an erga omnes2
obligation.
10.
That the protection of a child’s life “requires that the State is particularly
concerned with the surrounding circumstances during the time he is deprived of
liberty, as that right has not expired nor has it been restricted because of his
detention or imprisonment.”3
11.
That although the Court makes a positive assessment of the actions taken by
the State to fulfill the provisional measures ordered in this case, the episodes of
violence which took place during their enforcement show the need to continue to
immediately adopt effective protection measures, reason for which this Court
understands that it is convenient to maintain these provisional measures in favor of
these people.
12.
That the problem of confinement compounds require medium and long term
actions, in order to adapt their conditions to international standards. However, the
States have the obligation to take immediate actions which guarantee the physical,
psychic and moral integrity of the inmates, as well as their right to life and the right
1
Cf. Matter of Yare I and Yare II Capital Region Penitentiary Center. Provisional Measures. Order of
the Inter-American Court of Human Rights of March 30, 2006, Considering clause No. 9; Matter of
Monagas Judicial Confinement Center ("La Pica"). Provisional Measures. Order of the Inter-American Court
of Human Rights of February 9, 2006, Considering clause No. 9; Matter of Children Deprived of Liberty in
the "Complexo do Tatuapé" of FEBEM. Provisional Measures. Order of the Inter-American Court of Human
Rights of November 30, 2005, Considering clause No. 7.
2
Cf. Matter of Yare I and Yare II Capital Region Penitentiary Center. Provisional Measures, supra
note 5, Considering clause No. 14; Matter of Monagas Judicial Confinement Center ("La Pica"). Provisional
Measures, supra note 1, Considering clause No. 16; Matter of Children Deprived of Liberty in the
"Complexo do Tatuapé" of FEBEM. Provisional Measures, supra note 1, Considering clause No. 14.
3
Cf. Matter of Children Deprived of Liberty in the "Complexo do Tatuapé" of FEBEM. Provisional
Measures, supra note 1, Considering clause No. 9; Case of the "Juvenile Reeducation Institute". Judgment
of September 2, 2004. Series C, No. 112, para. 160. In the same sense, Juridical Condition and Human
Rights of the Child. Advisory Opinion OC-17/02 of August 28, 2002. Series A, No. 17.
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