3
2.
To request the State that, once control is regained pursuant to the preceding paragraph,
the following measures be adopted forthwith, to wit: a) allow medical staff to access the premises
to provide the necessary medical attention, and to relocate, whenever necessary, all those
persons that suffer from contagious diseases so that they may receive the adequate medical
treatments, and if pertinent, to avoid dissemination of the disease amongst the inmates, and b)
provide inmates, both in terms of quantity and quality, all the food, clothes and products for their
hygiene that may be necessary.
3.
To request the State to adopt, immediately afterwards, the following measures, to wit:
a) to reduce substantially the overcrowding in the Araraquara Penitentiary and guarantee decent
detention conditions; b) to divide inmates into different categories, pursuant to international
standards applicable in this matter; and c) to allow inmates to be visited by their next of kin.
4.
To request the State to forward to the Inter- American Court, within 30 days after
service of notice of the Order, an updated list of all persons deprived of their liberty that are
detained in the Araraquara Penitentiary, and also to state with accuracy the following: a) data
relating to the identity of the inmates, and b) admission date, possible referrals and release, as
well as any possible variations that may arise regarding the inmates population, in order to
identify those persons that may be covered by these provisional measures.
5.
To request the State to investigate the facts that have given rise to the adoption of the
urgent measures, and if the case may be, to identify those who are responsible therefor and to
provide for the corresponding punishment, including administrative and disciplinary sanctions.
6.
To request the State to inform the Inter-American Court of Human Rights, within ten
days following service of notice of the instant Order, about any urgent measures that the State
has adopted in compliance with such Order.
7.
To request the representatives of the beneficiaries of these measures to submit their
objections within a term of ten days running from the date of service of notice of the report filed
by the State.
8.
To request the Inter-American Commission on Human Rights to submit any objections
within a term of fourteen days running from the date of notice of the report by the State.
9.
To summon the State, the Inter-American Commission on Human Rights and the
representatives of the beneficiaries of the instant measures to a public hearing, to be held during
the next Regular Period of Sessions of the Inter-American Court.
[...]
5.
The notice served by the Secretariat of the Court dated August 1, 2006,
informing the State, the Commission and the representatives of the beneficiaries of
such measures (hereinafter “the representatives of the beneficiaries” or “the
representatives”) that the public hearing convened by the President would be held on
September 28, 2006 at 03:00 p.m. in the seat of the Court, with the purpose of
dealing with the allegations regarding the facts and the circumstances that led to the
adoption of the Order of July 28, 2006.
6.
The brief filed by the State on August 24, 2006, after an extension had been
granted for its submission, which brief stated, regarding the provisions of the Order
of the President (supra Having Seen clause No. 4), inter alia, the following, to wit:
a)
regarding the first issue to be resolved (to protect the lives and physical
integrity of all the persons that are deprived of their liberty and are detained in the
Araraquara Penitentiary, as well as to protect the lives and physical integrity of those
persons that may be admitted in the future as prisoners or detainees, and to regain
the control over such penitentiary:)
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