9
are confined in a detention center.11 In the instant matter, the possible beneficiaries
are identifiable since they are people who are confined or could be admitted as inmates
in the future.
22.
That the adoption of these provisional measures does not entail a decision on
the merits of the controversy,12 nor does it decides on the state responsibility for the
events informed by the Commission.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of the authority granted by Article 63(2) of the American Convention on
Human Rights and Article 25 and 29 of its Rules of Procedure,
DECIDES:
1.
To order the State to adopt the provisional measures necessary to protect the
life and physical integrity of all the people confined in Capital Judicial Confinement
Center Rodeo I and Rodeo II, especially, in order to prevent injuries and violent deaths.
2.
To request the State to submit, no later than April 1, 2008, to the InterAmerican Court of Human Rights a first report on the provisional measures it has
adopted pursuant to this Order and request the representatives of the beneficiaries
and the Inter-American Commission on Human Rights to submit observations to such
report within the term of four and six weeks, respectively, as from the notice of receipt
of the State ‘s report.
3.
To request the State to continue informing to the Inter-American Court of
Human Rights, after submitting the report mentioned in the above paragraph, every
two months, on the provisional measures adopted and to request the representatives
of the beneficiaries and the Inter-American Commission on Human Rights to submit
Court of July 6, 2004; considering clause nine; Matter of Pueblo Indígena de Kankuamo. Provisional
Measures Regarding Colombia Order of the Court of July 5, 2004, considering clause nine; and Matter of the
Communities of Jiguamiandó and Curbaradó. Provisional Measures Regarding Colombia Order of the Court of
March 6, 2003; considering clause nine; Matter of the Peace Community of San José de Apartadó.
Provisional Measures Regarding Colombia Order of the Court of June 18, 2002; considering clause eight; and
Matter of the Mendoza Prisons, supra note 4; considering clause thirteen.
11
Cf. Matter of Yare I and Yare II Capital Region Penitentiary Center, supra note 4; considering clause
eight; Matter of Monagas Judicial Confinement Center (“La Pica”). Provisional Measures regarding Venezuela.
Order of the Court of July 6, 2004; considering clause eight; Matter of the Children Deprived of Liberty in
“Complexó do Tatuapé” of FEBEM; supra note 4; considering clause six and Matter of the Mendoza Prisons,
supra note 2; considering clause thirteen.
12
Cf. Case of Guerrero Gallucci and Martinez Barrios. Provisional Measures regarding Venezuela.
Order of the Court of July 4, 2006, considering clause fourteen; and Matter of “Globovisión” Television
Station. Provisional Measures regarding Venezuela. Order of the Court of January 29, 2008, Considering
clause thirteen.
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