14
4.
Under the International Law of Human Rights, urgent and provisional
measures serve a further purpose, which is to protect fundamental human rights,
thereby avoiding irreparable harm to persons. When the basic requirements of
extreme gravity and urgency and avoidance of irreparable harm to persons are met,
provisional measures become a genuine jurisdictional guarantee of a preventive
nature.6
5.
Article 1(1) of the Convention sets forth the general obligation of the States
Party to respect the rights and freedoms embodied in that Convention and to ensure
the free and full exercise of those rights and freedoms to all persons subject to their
jurisdiction, which carries with it the duty to adopt security measures necessary for
their protection. These obligations become even more self-evident in connection
with those who are involved in proceedings before the oversight bodies of the
American Convention.7
6.
In light of the responsibility of the State to adopt security measures to protect
persons who are under its jurisdiction, the Court deems that this duty is all the more
compelling with respect to persons incarcerated in a State detention center, in which
case the State’s responsibility for what happens to those who are in its custody must
be presumed.8
7.
Under the terms of the Court’s Orders (supra ‘Having Seen 1, 2 and 16), the
State must adopt measures to protect the lives and personal safety of all inmates at
the Urso Branco Prison, and of all persons who enter there, which includes visitors.
One such measure is confiscation of the weapons that the inmates have in their
possession. It must also investigate the facts that necessitated the adoption of
provisional measures so as to identify the responsible parties and punish them
accordingly.
8.
The Court has noted with concern that while these provisional measures were
in effect, more people have died at the Urso Branco Prison, even though the
fundamental purpose to be served with adoption of these measures is to effectively
protect the lives and personal safety of all persons incarcerated in the prison and
those who enter it.
6
Cf. Matters of: Liliana Ortega et al., Luisiana Ríos et al., Luis Uzcátegui, Marta Colomina and
Liliana Velásquez, Provisional Measures. Order of the Inter-American Court of Human Rights of May 4,
2004, ‘Considering’ five; Matter of the Urso Branco Prison, Provisional Measures. Order of the InterAmerican Court of Human Rights of April 22, 2004, ‘Considering’ four; and Matter of Miguel Agustín Pro
Juárez Human Rights Center et al., Provisional Measures. Order of the Inter-American Court of Human
Rights of April 20, 2004, ‘Considering’ four.
7
Cf. Matter of the Gómez-Paquiyauri Brothers, Provisional Measures. Order of the Inter-American
Court of Human Rights of May 7, 2004, ‘Considering’ six; Matter of Urso Branco Prison, Provisional
Measures. Order of the Inter-American Court of Human Rights of April 22, 2004, ‘Considering’ five; and
Matter of Urso Branco Prison, Provisional Measures. Order of the Inter-American Court of Human Rights of
August 29, 2002, ‘Considering’ five.
8
Cf. Matter of the Gómez-Paquiyauri Brothers, Provisional Measures. Order of the Inter-American
Court of Human Rights of May 7, 2004, ‘Considering’ thirteen; Matter of Urso Branco Prison, Provisional
Measures. Order of the Inter-American Court of Human Rights of April 22, 2004, ‘Considering’ six; and
Matter of Urso Branco Prison, Provisional Measures. Order of the Inter-American Court of Human Rights of
August 29, 2002, ‘Considering’ six.