7
protection of human rights.8 In particular, the Court takes the view that the inmates
should be separated into categories, so that “[t]he prisoners in different categories
shall be kept in different […] parts of [the] institution, taking account of sex, age,
criminal record, legal reason for their detention and the necessities of their
treatment",9 and "untried prisoners shall be kept separate from convicted prisoners”.10
Furthermore, as regards discipline and punishment, it must be noted that prison
officers “shall not, in their relations with the prisoners, use force except in self-defense
or in cases of attempted escape, or active or passive physical resistance to an order
based on law or regulations.”11 In addition, given the circumstances surrounding this
matter, the measures to be adopted must include measures aimed at encouraging the
persons deprived of liberty to respect each other’s human rights, particularly measures
aiming at preventing the possession of weapons by the prisoners; reducing
overcrowding; improving the detention conditions; and providing enough and
adequately trained staff to assure appropriate and effective control, custody and
surveillance in the prison.
12.
That provisional measures are exceptional, and are ordered to satisfy protection
needs and, once ordered, must remain in force for as long as the Court deems that the
requisite conditions of extreme gravity and urgency and prevention of irreparable harm
to persons thereby protected persist12. That the matter which triggers these provisional
measures is not yet under the consideration of the Court, and that the adoption of
such measures does not import a decision on the merits of the dispute between the
petitioners and the State.13
THEREFORE,
8
Cf. Standard Minimum Rules for the Treatment of Prisoners. Adopted by the First U.N. Congress on
the Prevention of Crime and Treatment of the Offender held in Geneva in 1995, and approved by the
Economic and Social Council by its resolutions 663C (XXIV) of July 31, 1957 and 2076 (LXII) of May 13,
1977; Basic Principles for the Treatment of Prisoners. Adopted and Proclaimed by the General Assembly by
its resolution 45/111 of December 14, 1990; and Body of Principles for the Protection of All Persons Under
Any Form of Detention or Imprisonment. Adopted by the General Assembly by its resolution 43/173 of
December 9, 1988.
9
Cf. Standard Minimum Rules for the Treatment of Prisoners, supra note 8, rule No. 8.
10
Cf. Standard Minimum Rules for the Treatment of Prisoners, supra note 8, rules No. 8.(b) and
85.(1).
11
Cf. Standard Minimum Rules for the Treatment of Prisoners, supra note 8, rule No. 54.(1).
Cf. Matter of Guerrero-Gallucci and Martínez-Barrios. Provisional Measures. Order of the InterAmerican Court of Human Rights of July 4, 2006, Considering clause No. 5; Matter of Ramírez Hinostroza et
al. Provisional Measures. Order of the Inter-American Court of Human Rights of February 07, 2006,
Considering clause No. 7; and Matter of the Forensic Anthropology Foundation regarding Guatemala. Order
of the Court of July 4, 2006, Considering clause No. 5.
12
Cf. Matter of Guerrero-Gallucci and Martínez-Barrios. Provisional Measures, supra note 9,
Considering clause No. 14; Matter of the Forensic Anthropology Foundation regarding Guatemala, supra note
9, Considering clause No. 6; Matter of the Mendoza Prisons, supra note 3, Considering clause No. 5; and
Matter of the Yare I and Yare II Capital Region Penitentiary Center, supra note 3, Considering clause No. 5.
13
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