13
27.
The State’s briefs and the attachments thereto, presented during that public
hearing and after its conclusion, concerning compliance with these provisional
measures. In these briefs, Brazil stated, inter alia, the following:
a)
the inmate population at Urso Branco Prison was registered. The
Director of the National Prisons Department from the Ministry of Justice has
been very attentive to the prison system in the state of Rondônia and has
been an important interlocutor of the federal government in its dealings with
the state government. He has also been the government’s spokesman vis-àvis the inmates. The State also made reference to certain legislative reforms
and advances that it is expecting to implement. It pointed out that the
visiting system had been improved. It also mentioned the social service for
monitoring the serving of sentences and spoke of a project to promote human
rights in the Rondônia prison system which it also expects to implement;
b)
on June 21, 2004, the “Mobile Court” was established within Urso
Branco Prison, whereby the judge for enforcement of sentence and his team
visit the prison and there examine the status of the cases;
c)
a rigorous investigation is being conducted into the facts that
necessitated the adoption of the provisional measures. The State submitted a
copy of the complaint brought by the Office of the Rondônia State’s Attorney
on June 24, 2004, before the “Jury Trial Judge of the 2nd Jurisdiction” against
49 persons for the murder of 27 inmates at Urso Branco Prison in the uprising
in January 2002; and
d)
it has kept up contact with the Inter-American Commission and the
petitioners to improve the mechanism for coordination and verification of the
provisional measures.
CONSIDERING THAT:
1.
Brazil has been a State Party to the American Convention since September
25, 1992 and, pursuant to Article 62 of the Convention, recognized the binding
jurisdiction of the Court on December 10, 1998.
2.
Article 63(2) of the American Convention provides that in “cases of extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons,”
the Court may, in matters not yet submitted to the Court, upon a request from the
Commission order such provisional measures as it deems pertinent.
3.
that:
In this regard, Article 25 of the Rules of Procedure of the Court establishes
1.
At any stage of the proceedings involving cases of extreme gravity and
urgency, and when necessary to avoid irreparable damage to persons, the Court may, at
the request of a party or on its own motion, order such provisional measures as it deems
pertinent, pursuant to Article 63(2) of the Convention.
2.
With respect to matters not yet submitted to it, the Court may act at the
request of the Commission.
[…]