5 submit, in its first report on the provisional measures adopted (infra operative paragraph three), the list of inmates at the Urso Branco Prison, who are the beneficiaries of the instant provisional measures. 8. In light of the responsibility of the State to adopt security measures to protect persons who are under its jurisdiction, the Court deems that this duty is more evident with respect to persons detained in a State detention center, in which case the responsibility of the State must be presumed regarding what happens to those who are under its custody. 9. Under International Human Rights Law, the nature of provisional measures is not only that of a safeguard, in the sense that they preserve a juridical situation, but also fundamentally protective, because they protect human rights. Provided that the basic requirements of extreme gravity and urgency and of preventing irreparable damage to persons are met, provisional measures become a true preventive guarantee of a competent, independent and impartial judge previously established by law.4 10. The case to which the request by the Commission refers is not being heard by the Court regarding the merits and, therefore, adoption of provisional measures does not involve a decision on the merits of the controversy between the applicants and the State.5 11. Therefore, the State is under the obligation to investigate the events that motivate this request for provisional measures, so as to identify those responsible and punish them accordingly. 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 of its Rules of Procedure, DECIDES: 4 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, fourth whereas; Gallardo Rodríguez Case, Provisional Measures. February 14, 2002 Order of the President of the Inter-American Court of Human Rights, fifth whereas; “La Nación” Newspaper Case, Provisional Measures. September 7, 2001 Order of the InterAmerican Court of Human Rights, fourth considering. 5 See Case of the Miguel Agustín Pro Juárez Human Rights Center et al., Provisional Measures. November 30, 2001 Order of the Inter-American Court of Human Rights, ninth and tenth considering; James et al. Case, Provisional Measures. November 26, 2001 Order of the Inter-American Court of Human Rights, eighth considering; See Case of the Miguel Agustín Pro Juárez Human Rights Center et al., Provisional Measures. October 25, 2001 Order of the President of the Inter-American Court of Human Rights, seventh considering; and Case of the Peace Community of San José de Apartadó, Provisional Measures. November 24, 2000 Order of the Inter-American Court of Human Rights. Serie E No. 3, thirteenth considering.