17
State to investigate the facts that have given rise to the adoption of the provisional
measures, the Court considers that the State must investigate, identify those
responsible therefor and, as the case may be, impose the corresponding sanctions
whether these be administrative or judicial.
26.
That in view of the aforesaid, it is pertinent to ratify in full extent the Order of
the President (supra Having Seen clause No. 4) and to request the state to keep the
measures that have already been adopted, and to adopt immediately those
measures that may be necessary in order to protect the lives and personal integrity
of those persons for whose benefit the adoption of protective measures was ordered
on July 28, 2006 while they were detained in the Araraquara Penitentiary.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
exercising its powers granted pursuant to Article 63(2) of the American Convention
on Human Rights, and pursuant to Articles 25 and 29 of the Rules of Procedure
ORDERS THE FOLLOWING:
1.
To ratify in all its terms the Order of the President of the Inter-American
Court of Human Rights, and therefore, to request the State to keep the measures
that have already been adopted, and to adopt immediately those measures that may
be necessary in order to protect the lives and personal integrity of those persons for
whose benefit the adoption of protective measures was ordered on July 28, 2006
while they were detained in the Araraquara Penitentiary.
2.
To request the State to adopt any measures that may be necessary to secure
that the management and treatment of the beneficiaries of the instant measures be
carried out with a strict respect for human rights, and preventing unduly violent acts
by state officers, pursuant to Considering clause No. 16.
3.
To request the State to keep and adopt any measures that may be necessary
in order to provide decent detention conditions in the penitentiary centers where the
beneficiaries of the instant measures are detained. The said measures must include:
a) necessary medical assistance, particularly to those who suffer from contagious
diseases or those who suffer a serious medical condition; b) provision of sufficient
amounts of food, clothes and products for personal hygiene; c) detention avoiding
overcrowding; d) division of inmates into different categories according to
international standards; e) visits of the next of kin for the beneficiaries of the instant
measures; f) access and communication of the defense attorneys to the detainees,
and g) access of the representatives to the beneficiaries of the instant provisional
measures.
4.
To request the State to immediately and officially inform next of kin about the
referrals and relocation in other penitentiary centers of those persons deprived of
their liberty that are beneficiaries of the instant measures, pursuant to Considering
clause No. 22.
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