ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS *
OF AUGUST 29, 2002
PROVISIONAL MEASURES
REGARDING THE FEDERAL REPUBLIC OF BRAZIL
URSO BRANCO PRISON CASE
HAVING SEEN:
1.
The June 6, 2002 brief filed by the Inter-American Commission on Human
Rights (hereinafter “the Commission” or “the Inter-American Commission”) in which,
pursuant to Articles 63(2) of the American Convention on Human Rights (hereinafter
“the Convention” or “the American Convention”), 25 of the Rules of Procedure of the
Court, and 74 of the Rules of Procedure of the Commission, it submitted a request
for provisional measures in favor of the inmates at the José Mario Alves Detention
Center –known as the “Urso Branco Prison”- (hereinafter “the Urso Branco Prison” or
“the prison”), located in the city of Porto Velho, State of Rondônia, Federal Republic
of Brazil (hereinafter “Brazil” or “the State”), with the “aim [of] avoiding additional
deaths of inmates” in the prison. The following are some of the facts stated by the
Commission in its request for provisional measures:
a)
the situation of inmates in the Urso Branco Prison before January 1,
2002 was as follows: approximately 60 inmates were in special cells –known
as “safety” cells- because they were imprisoned due to crimes considered
immoral by the other inmates or because their lives or physical safety were
threatened by other inmates; on the other hand, certain inmates deemed
trustworthy by the authorities –known as “free cells”- enjoyed a degree of
freedom of movement within the prison; however, a criminal sentence
execution judge ordered that the latter be placed in cells;
b)
on January 1, 2002 the Urso Branco Prison authorities conducted a
general relocation of inmates within the facilities, during which they effected
the following changes: the inmates whom they believed endangered the life
and safety of other inmates were transferred to cells located outside the
general pavilions; the roughly 60 inmates who were isolated in “safety” cells
were transferred to the general population cells, with five inmates per cell;
and the inmates called “free cells” were also placed in the general pavilions.
The procedure to determine which inmates were potential aggressors was not
rigorous, so many of them remained in the general population;
c)
the special forces that participated in relocation of the inmates
withdrew that same day at about 18:00 hours. “Systematic murdering” of
inmates coming from the “safety” cells began that same day, at
*
The President of the Court, Judge Antônio A. Cançado Trindade, pursuant to Article 4(3) of the
Rules of Procedure of the Court and due to the fact that he is a Brazilian national, handed over the
Presidency to the Vice-President of the Court, Judge Alirio Abreu Burelli, to hear this request for
provisional measures.