8
be insufficient or not effective, or in such situations where the domestic authorities can
not or do not want to make them prevail.8
16.
That even when the Court considers that the measures adopted by the State
are relevant (supra Having Seen clause eight), it deems that, for the time being, such
measures are not sufficient to prevent more people from dying or getting injured in
the Rodeo Prison. That, furthermore, in view of the high volume of deaths and injuries
in this prison, the Tribunal considers that the international protection is urgent and the
protective nature of the provisional measures is gaining importance.
17.
That, in matters similar to the instant case, the extreme seriousness of the
threat should be assessed taking into account the specific context, since it is clear that
if the fundamental rights such as the right to life and physical integrity are subjected to
such type of threat, an order for provisional measures should be considered.
18.
That the urgency refers to special and exceptional situations that deserve an
immediate measure and response aimed at averting the threat. These are
circumstances that because of their own nature imply an imminent risk. The nature of
the response to repair the situation derives from the urgency of the threat. This should
imply, above all, an immediate and, in principle, of short duration measure in order to
face with such situation, since a lack of response would mean a danger per se.
19.
As is evident in the instant case, the irreparable nature of the extremely serious
and urgent threat has to do with the right to life and physical integrity that the Court
has the obligation to protect whenever there are circumstances such as the ones
described in Article 63(2).
20.
That, based on the foregoing, it is necessary to protect the inmates of the
Rodeo Prison through the immediate adoption of provisional measures by the State.
The necessary measures to be adopted should efficiently prevent people from dying or
getting physically injured.
21.
That, despite the fact that the Court has deemed, in similar cases, it is essential
to individually identify the people who are in danger of suffering an irreparable damage
in order to issue protective measures,9 in other cases, the Tribunal has issued
provisional measures in favor of people who have not been already individualized but
can be determined and identified and are in danger of suffering an irreparable damage
due to the fact that they belong to a group or community,10 such as the people who
8
Cf. Matter of the Mendoza Prisons, supra note six; considering clause fourteen.
9
Cf. Matter of Haitians and Dominicans of Haitian-origin in the Dominican Republic. Provisional
Measures regarding the Dominican Republic. Order of the President of the Court of September 14, 2000;
considering clause four; and Matter of Haitians and Dominicans of Haitian-origin in the Dominican Republic.
Provisional Measures regarding the Dominican Republic. Order of the Court of August 18, 2000, Considering
clause eight.
10
Cf. Matter of Yare I and Yare II Capital Region Penitentiary Center, supra note 4; considering clause
eight; Matter of Children Deprived of Liberty in “Complexo do Tatuapé” of FEBEM; supra note 4; considering
clause six; Matter of Pueblo Indígena de Sarayaku. Provisional Measures regarding Ecuador. Order of the
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