20.
Lastly, the Court considers it essential that the State adopt short-term
measures in order to: a) develop and implement an emergency plan regarding medical
care, specifically, for those prisoners who are carriers of communicable diseases and to
take steps to prevent the spread of these diseases; b) develop and implement an
emergency plan to reduce overcrowding in the Curado Complex; c) eliminate the
presence of weapons of all types within the Curado Complex; d) ensure the security
and respect for life and personal integrity of all inmates, staff and visitors at the
Curado Complex, and e) eliminate the practice of humiliating inspections which affect
the privacy and dignity of the visitors.17
21.
Based on the foregoing, the Court finds it relevant to admit the request for
provisional measures and require the State to report to the Court on the
implementation of these measures pursuant to the terms of operative paragraph three
of this Order.
22.
The adoption of provisional measures does
responsibility for the facts that have been reported.
not
prejudge
the
State's
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
In exercise of the attributes conferred on it by Article 63(2) of the American
Convention on Human Rights and 27 of the Rules of Procedure of the Court,
DECIDES TO:
1.
Require the State to immediately adopt all necessary measures to effectively
protect the life and personal integrity of all persons deprived of liberty in the Curado
complex, and any person who is in that establishment, including prison guards, staff
and visitors, pursuant to Considering clause 20 of this Order.
2.
Require the State, in the extent possible, to keep the representatives of the
beneficiaries informed about the measures taken to comply with this provisional
measure.
3.
Require the State to report to the Inter-American Court of Human Rights every
three months as of the notification of this Order, on the provisional measures adopted
in accordance with this decision.
4.
Request that the representatives of the beneficiaries submit any observations
they deem relevant regarding the report required in the preceding paragraph within
four weeks from the date of receipt of said State report.
5.
Request the Inter-American Commission on Human Rights to submit any
observations it deems relevant to the State report required in operative paragraph
three and to the corresponding observations of the representatives of the beneficiaries
clause 15.
17
Cf. Report on the visit to Brazil by United Nations Subcommittee on Prevention of Torture and Other
Cruel, inhumane and degrading treatment, UN Doc. CAT/OP/BRA/R.1, of February 8, 2012, para. 119.
12