CONSIDERING:
1.
Brazil has been a State Party to the American Convention on Human Rights
(hereinafter “the American Convention” or “the Convention”) since September 25,
1992, and in accordance with Article 62 of the Convention, it recognized the
contentious 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 before it, adopt such provisional
measures as it deems pertinent upon the request of the Commission. This provision
is itself governed by Article 27 of the Rules of Procedure of the Court.1
3.
Article 27 of the Rules of Procedure provides in relevant part that:
1. At any stage of proceedings involving cases of extreme gravity and urgency, and when
necessary to avoid irreparable damage to persons, the Court may, on its own motion, order such
provisional measures as it deems appropriate, pursuant to Article 63(2) of the Convention.
[…]
9. The Court, or its Presidency if the Court is not sitting, may convene the Commission, the
beneficiaries of the measures or their representatives, and the State to a public or private
hearing on provisional measures.
4.
Owing to information on various acts of violence, such as riots (and threats of
the same) and assaults on juveniles in that Unit, as well as the information contained
in State reports composed during 2010 which described “the lack of administrative
control in relation to the complex [as] flagrant [and] a constant state of rebellion
amongst the young population,”2 on February 25, 2011, the Court decided to adopt
the present provisional measures “in order to avoid acts of violence in the SocioEducational Inpatient Unit, as well as harm to the physical, mental, and moral
integrity of the committed children as well as all others who may find themselves
inside that establishment.”3
a) Implementation of Provisional Measures
5.
that:
Regarding the implementation of provisional measures, the State reported
a)
the federal and state authorities signed a “Pact for the Improvement of SocioEducational Assistance in the State of Espírito Santo and Compliance with the
Provisional Measures Issued by the Inter-American Court until September 30,
1
Rules of Procedure approved by the Court during its LXXXV Regular Session held on November
16-28, 2009.
2
Matter of the Socio-Educational Inpatient Unit. Provisional Measures regarding Brazil. Order of
the Inter-American Court of Human Rights of February 25, 2011, Considering clause ten.
3
Matter of the Socio-Educational Inpatient Unit, supra note 2, Considering clause thirteen.
2