11 d) at the moment of making the referrals, priority was not given to those inmates that were ill, nor to the victims of the violent acts; e) the investigations that the State has to conduct must bring some light as to the violence used against the beneficiaries and not merely identify those responsible for the riots. There is an investigation aimed at determining the circumstances in which 80 rubber bullets were shot against the detainees, f) the referrals do not amount to a strict fulfillment of the protection measures. The beneficiaries of such measures are inmates that had been detained in the Araraquara Penitentiary until they were referred. Thus, it is necessary to ensure that they are not in the same detention conditions as they were in such Penitentiary, now that they have been relocated in other penitentiaries. CONSIDERING: 1. That Brazil has been a State Party of the American Convention from September 25, 1992, and pursuant to Article 62 of the Convention, it accepted the contentious jurisdiction of the Court on December 10, 1998. 2. That Article 63(2) of the American Convention states that, “in cases of extreme gravity and urgency, and when necessary to avoid irreparable damage to persons, the Court shall adopt such provisional measures as it deems pertinent in matters it has under consideration. With respect to a case not yet submitted to the Court, it may act at the request of the Commission.” 3. That according to Article 25 of the Rules of Procedure of the Court, [...] 2. With respect to matters not yet submitted to it, the Court may act at the request of the Commission. [...] 5. If the Court is not sitting, the President, in consultation with the Permanent Commission and, if possible, with the other judges, shall call upon the government concerned to adopt such urgent measures as may be necessary to ensure the effectiveness of any provisional measures that may be ordered by the Court at its next session. [...] 6. The beneficiaries of provisional measures or urgent measures ordered by the President may address their comments on the report made by the State directly to the Court. The InterAmerican Commission on Human Rights shall present observations to the State’s report and to the observations of the beneficiaries or their representatives. [...] 4. That the purpose of the provisional measures, in the national judicial systems (domestic procedural law) is, in general, to protect the rights of the parties to a controversy, securing that the execution of the judgment on the merits is not prevented or hindered by the acts of the said parties pendente lite. 5. That in International Human Rights Law, the provisional measures are not only precautionary, in the sense that they preserve a legal status, but they are also protective in nature, since they protect human rights. Provided that the basic