2
effective and transparent coordination with federal and provincial authorities, pursuant
to the provisions of Considering Clauses No. 11 and 13 of this Order, in order to ensure
the effectiveness of such measures.
3.
To order the State to report to the Inter-American Court every two months
next following its latest report concretely and specifically on the actions taken in
compliance with the orders of this Court. Especially, it is essential that the adoption of
the priority measures described in this Order get reflected in reports containing concrete
results in terms of the specific needs of protection for the beneficiaries of such
measures, pursuant to the provisions set out in Considering Clause No. 14 of this Order.
In this regard, the oversight role of the Inter-American Commission is radical for an
adequate and effective follow-up on the implementation of the measures so ordered.
4.
To order the representatives of the beneficiaries and the Inter-American
Commission to submit their observations to the State’s reports within a term of four and
six weeks, respectively, next following receipt of the referenced State’s reports.
7.
The reports 8-13 submitted by the State between April 2006 and April 2007,
the briefs submitted by the State on July 14 and 28 and December 12, 2006,
respectively;
the objections thereto made by the Commission and the
representatives and the briefs and communications submitted by the
representatives between April 2006, and April 2007.
8.
The brief of March 24, 2007, by means of which the representatives of the
beneficiaries of the provisional measures filed before the Court - based on Article
63(2) of the Convention and Article 25 of the Rules of Procedure - a request to
“broaden the provisional measures to extend their effects to [all persons deprived
of their liberty in the [“Almafuerte”] ...] penitentiary facility, taking into account
that the persons incarcerated in the Penitenciaría Provincial de Mendoza (Provincial
Penitentiary of Mendoza) are being referred to this new detention center.” They
also filed a copy of the corrective writ of habeas corpus filed before a court
regarding the inmate Carlos Molina-Ponce.
9.
The brief of March 24, 2007, by means of which the representatives
informed about the order of a criminal sentence execution judge of Mendoza,
wherein the writ of habeas corpus is upheld for the benefit of [the inmate] MolinaPonce, and the effects of such writ are extended for the benefit of other 40 inmates
therein incarcerated.”
10.
The note of the President of the Court (hereinafter “the President”) dated
March 29, 2007 by means of which he requested the State and the Inter-American
Commission to submit, no later than April 10, 2007, their objections to the request
made by the representatives to broaden the provisional measures, as well as to file
any other information that they might have regarding the extreme seriousness and
urgency of the situation and the possibility that irreparable damage may be caused
to the persons that are incarcerated in the Complejo Penitenciario III (Almafuerte)
(III Penitentiary Complex –Almafuerte-) for the benefit of whom the request to
broaden the provisional measures had been made. Finally, the President requested
the State, in compliance with the obligations assumed by virtue of the American
Convention, to adopt such measures as may be necessary to protect the life and
the right to humane treatment of those persons stated above while the President,
in consultation with the other Judges of the Court, adopted any pertinent decisions
regarding the said request to broaden provisional measures.
11.
The brief of March 31, by means of which the representatives of the
beneficiaries informed that on that date they had visited the Cacheuta Penitentiary,
also referred to as “Almafuerte”, and that therein, they interviewed the inmates
who, anonymously, reported alleged tortures. The said representatives further
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