4
3.
that:
In this regard, article 25 of the Rules of Procedure of the Court establishes
1.
At any stage of the proceedings involving cases of extreme gravity and
urgency, and when necessary to avoid irreparable damage to persons, the Court may, at
the request of a party or on its own motion, order such provisional measures as it
deems pertinent, pursuant to Article 63(2) of the Convention.
2.
With respect to matters not yet submitted to it, the Court may act at the
request of the Commission.
4.
The background supplied by the Commission in its request for provisional
measures, pertaining to events at the Urso Branco Prison, demonstrates prima facie
a situation of extreme gravity and urgency with respect to the rights of the inmates
to life and to personal safety.
5.
The Inter-American Commission has requested that the State adopt
precautionary measures, which have not led to the required effects in terms of
protection and, instead, recent events make it reasonable to presume that the safety
and lives of the inmates are at great risk and very vulnerable.
Therefore,
circumstances require that the State adopt provisional measures to avoid irreparable
damage to said persons.
6.
Article 1(1) of the Convention states the duty of the States Party to respect
the rights and freedoms protected by the Convention, and to ensure their free and
full exercise by all persons under their jurisdiction, including, in the instant case, the
inmates at Urso Branco Prison. Therefore, the State must adopt the security
measures required to protect the rights and freedoms of all individuals under its
jurisdiction, which becomes even more evident in connection with those who are
involved in proceedings before the supervisory bodies of the American Convention.1
7.
While this Court has at other times deemed it necessary to individualize
persons in danger of suffering irreparable damage so as to grant them protective
measures,2 in the instant case the beneficiaries are identifiable, as “[i]n all places
where persons are detained, there must be a bound record book with numbered
pages stating for each detainee: a) His or her identity; b) The reason they are
detained and the competent authority that ordered their detention; c) The day and
time of their entry and exit.”3 Therefore this Court deems that the State must
1
See Case of the Peace Community of San José de Apartadó, Provisional Measures. June 18, 2002
Order of the Inter-American Court of Human Rights, tenth considering; Gallardo Rodríguez Case,
Provisional Measures. February 18, 2002 Order of the Inter-American Court of Human Rights, six
considering; and Gallardo Rodríguez Case, Provisional Measures. February 14, 2002 Order of the InterAmerican Court of Human Rights, seventh considering.
2
See Case of Haitians and Dominicans of Haitian Origin in the Dominican Republic, Provisional
Measures. September 14, 2000 Order of the President of the Inter-American Court of Human Rights.
Series E No. 3, fourth considering; and Case of Haitians and Dominicans of Haitian Origin in the Dominican
Republic, Provisional Measures. August 18, 2000 Order of the Inter-American Court of Human Rights,
Series E No. 3, eighth considering.
3
United Nations, Office of the High Commissioner for Human Rights. Standard Minimum Rules for
the Treatment of Prisoners, adopted by the First United Nations Congress on the Prevention of Crime and
the Treatment of Offenders, held in Geneva in 1955, and adopted by the Economic and Social Council
through resolutions 663C (XXIV) of July 31, 1957 and 2076 (LXII) of May 13, 1977, rule number 7(1).