10
17.
That the analysis of the effectiveness of the investigations and proceedings
relating to the facts that gave rise to these provisional measures corresponds to the
examination of the merits of the case, which is under consideration by the InterAmerican Commission.
THEREFORE:
THE
INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority under Article 63(2) of the American Convention on Human
Rights and Articles 25 and 29 of its Rules of Procedure,
DECIDES
1.
To reiterate to the State that it must immediately adopt and maintain the
necessary measures to protect the life and personal integrity of all the children and
adolescents residing in the FEBEM Tatuapé Complex of the CASA Foundation, as well
as that of all the persons within it. To this end, it shall continue to adopt all necessary
measures to prevent outbursts of violence, as well as to guarantee the security of the
inmates and maintain order and discipline in the said center.
2.
To reiterate to the State that it must maintain the necessary measures to
prevent the inmates from being subjected to cruel, inhuman or degrading treatment,
including prolonged confinement and physical abuse.
3.
To reiterate to the State that, without prejudice to the measures ordered in the
preceding operative paragraphs that must be implemented immediately, it must
maintain and adopt those necessary to: (a) substantially reduce overcrowding in the
Tatuapé Complex; (b) confiscate the weapons in the possession of the young people;
(c) separate the inmates, according to the corresponding international standards and
taking into account the best interests of the child, and (d) provide the necessary
medical care to the detained children in order to guarantee their right to personal
integrity. In this regard, the State must periodically inspect the detention conditions
and the physical and emotional conditions of the detained children, with the
participation of the representatives of the beneficiaries of these provisional measures.
4.
To reiterate to the State that it should take the necessary steps to ensure that
the measures of protection are planned and implemented with the participation of the
representatives of the beneficiaries of the measures and that, in general, it keeps them
informed of progress in their implementation.
5.
To reiterate to the State that it should facilitate the entry of the representatives
of the beneficiaries of the measures to the units of the Tatuapé Complex, as well as
communications between the latter and the young inmates, which should be conducted
in the most confidential manner possible, in order to avoid intimidating the adolescents
during the interviews.
6.
To reiterate to the State that it should forward to the Court an updated list of all
the youths who reside in the Tatuapé Complex.
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