ORDER OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS∗ OF SEPTEMBER 30, 2006 REQUEST FOR PROVISIONAL MEASURES SUBMITTED BY THE INTER-AMERICAN COMMISSION ON HUMAN RIGHTS REGARDING THE FEDERAL REPUBLIC OF BRAZIL MATTER OF THE PERSONS IMPRISONED IN THE “DR. SEBASTIÃO MARTINS SILVEIRA” PENITENTIARY IN ARARAQUARA, SÃO PAULO HAVING SEEN: 1. The brief filed by the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the Inter-American Commission”) on July 25, 2006 and Appendixes thereto, which brief was filed before the Inter-American Court of Human Rights (hereinafter “the Court” or “the Inter-American Court”,) pursuant to Article 63(2) of the American Convention on Human Rights (hereinafter “the Convention” or “the American Convention”), Article 25 of the Rules of Procedure of the Court, and Article 74 of the Rules of Procedure of the Commission, in order to request Provisional Measures regarding the Federal Republic or Brazil (hereinafter “the State” or “Brazil”,) to protect, among other things, the lives and physical integrity of all inmates that are detained in the Penitenciaría “Dr. Sebastião Martins Silveira” (“Dr. Sebastião Martins Silveira Penitentiary”,) located in Araraquara, State of San Paulo (hereinafter the “Araraquara Penitentiary” or the “Penitentiary”), as well as to protect the lives and physical integrity of all the persons that may be admitted to such penitentiary in the future as prisoners or detainees. 2. The allegations of the Commission to substantiate its request for provisional measures, in which it stated the following, to wit: a) the urgency of the facts alleged, which urgency is required pursuant to Article 63(2) of the American Convention, is shown by the lack of protection by the State, by the failure to separate inmates according to different categories, as well as by the deficient sanitary physical and medical ∗ Judge Oliver Jackman has not taken part in the deliberation and has not signed this Order since he informed the court that, for reasons beyond his control, he could not attend the Seventy-second Regular Session of the Court. Judge Cecilia Medina and Judge García–Sayán informed the Court that, for reasons beyond their control, they could not participate in the deliberation and signing of the instant Order.