9
15.
That the instant provisional measures were adopted considering the particular
situation of extreme gravity and urgency reported regarding one of the Fundação
CASA units, the Complexo do Tatuapé.
16.
That the provisional measures have an exceptional nature and are therefore
ordered having regard to the needs for protection and, once ordered, they must be
maintained in force for as long as the Court considers that the basic requirements of
the situation of extreme gravity and urgency, and the need to avoid irreparable
damage to the rights of the persons protected by said measures, still exist9.
17.
That since the Order by the President was issued in this matter on November
17, 2005, remarkable progress has ensued in complying with the provisional
measures. Along such lines, the State continued decommissioning the Complexo do
Tatuapé gradually, transferring the beneficiaries to other Foundation units – which,
according to the records in the case file would not be overpopulated –, taking into
account in doing so, among other standards, the closeness of the new confinement
center to the residence of the parents of the beneficiaries or of those responsible for
them.
18.
That once the transfer process of all of the beneficiaries to other centers was
completed, the Complexo do Tatuapé was completely closed down and, on October
16, 2007, the State proceeded to destroy the facility.
19.
That, on the other hand, the State has complied with its duty to report
periodically to the Tribunal on the steps it has taken to implement the instant
measures; that it has filed the listing of the beneficiaries that were still deprived of
their liberty and an individual report on their health and other conditions, drawn up by
professionals in the psycho-social, teaching, health and security areas, and the list of
the centers to which the beneficiaries had been transferred (supra Considering Clause
7).
20.
That, finally, the Court observes that the State adopted various measures,
among others, the building of new confinement units de following a new structural
pattern and teaching system for the Fundação CASA, in which it would have invested
during the last three years more than seventy million dollars; the setting aside of
administrative decision No. 90/2005; institutional changes leading to a reduction in
the number of rebellions in the Foundation units and in the criminal recidivism index of
the adolescents after they comply with the socio-educational measures.
9
Cf. Case of the Constitutional Court. Provisional Measures regarding Peru. Order of the InterAmerican Court of Human Rights of March 14, 2001, Considering Clause 3; Matter of Carlos Nieto-Palma et
al. Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of August
05, 2008, Considering Clause 16; and Case of the “Massacre of Mapiripán”, Provisional Measures regarding
Colombia. Order of the Inter-American Court of Human Rights of May 3, 2008, Considering Clause 7.