18
federal authorities, with the involvement of bodies with the capability of providing
the technical criterion to determine the immediate measures designed to overcome
the situation that has been the basis for the petition of said provisional measures.
14.
That the duty to report to the Court on the implementation of measures is
twofold in that compliance with said duty requires the formal submission of a
document within the term set as well as the specific, true, current and detailed
material reference to the issues that fall within the scope of said obligation.8 Any
breach to this State’s duty is particularly serious because of the juridical nature of
these measures.9 Even though the State has submitted —when and as required—
most of its reports, it is necessary that the State keep on reporting to the Court
specifically and concretely on the results obtained from the implementation of the
measures. It is paramount that the priority measures referred to in Considering
Clause No. 12 get reflected in the State’s reports describing the means, actions and
goals set by the State in agreement with the specific needs of protection of the
beneficiaries thereof, in such a manner that they give real sense and provide a
continuum in those reports. In this sense, the role of the Inter-American Commission
is particularly important so as to adequately and effectively follow up the
implementation of the measures so ordered.
15.
That, based on the foregoing, it is relevant to keep the provisional measures
in force, by virtue of which the State has the obligation to protect the life and
integrity of all the persons held in custody in the Mendoza Provincial Prison and those
in the Gustavo André Unit, located in Lavalle, as well as any person found within said
facilities, especially by means of the measures described both in the previous and in
this present Order, among others (supra Having Seen Clauses No. 3 and 6). In this
regard, the Court highlights the fact that at the hearing held on the date hereof in
Brasilia (supra Having Seen Clause No. 50) the representatives, the Commission and
the State agreed on the fact that the conditions of the referenced confinement
centers have not undergone tangible improvement and on the need to keep said
measures in full force and effect.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of the authority granted by Article 63(2) of the American Convention on
Human Rights and Article 25 and 29 of its Rules of Procedure,
DECIDES:
8
Cfr., inter alia, Matter of the Communities of Jiguamiandó and Curbaradó, supra note 7,
Considering Clause No. 16; Matter of Luisiana Ríos et al. (Radio Caracas Televisión – RCTC). Provisional
Measures. Order of the Inter-American Court of Human Rights of September 12, 2005, Considering Clause
No.17; and Matter of Luis Uzcátegui. Provisional Measures. Order of the Inter-American Court of Human
Rights of December 2, 2003, Considering Clause No. 12.
Cfr., inter alia, Matter of the Communities of Jiguamiandó and Curbaradó, supra note 7,
Considering Clause No. 16; Matter of Peace Community of San José de Apartadó, supra note 1,
Considering Clause 12; and Matter of the Communities of Jiguamiandó and Curbaradó. Provisional
Measures. Order of the Inter-American Court of Human Rights of March 15, 2005, Considering Clause 11.
9
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