special position as guarantor regarding the rights of its inmates by virtue of the penitentiary authorities’ total control over them. The Court has also indicated that, independent of the existence of specific provisional measures, the State is especially This obligated to guarantee the rights of persons deprived of their liberty.11 obligation presents special terms in the case of children, where the State’s role as guarantor of these rights obligates it to prevent situations that could lead, by act or omission, to their violation.12 24. The State must continue taking the pertinent steps so that provisional measures in this matter may be planned and implemented with the participation of the representatives of the beneficiaries in such a way as to administer these measures in a diligent and effective manner. The Court notes that it is absolutely vital to guarantee the representatives access to the UNIS as well as to reach meaningful participation between the State and the beneficiaries in the implementation of the present measures. THEREFORE: THE INTER-AMERICAN COURT OF HUMAN RIGHTS, By virtue of the authority conferred upon it by Articles 63(2) of the American Convention on Human Rights, Articles 24(1) and 25(2) of the Statute of the Court, and Articles 4, 27, and 31(2) of the Rules of Procedure of the Tribunal, DECIDES: 1. To call upon the State to continue to immediately adopt all measures necessary to effectively protect the lives and right to humane treatment of all the children and adolescents committed in the Unidade de Internação Socioeducativa, as well as those of all others who may find themselves in said facility. In particular, the State must guarantee that the disciplinary system proceeds according to applicable international standards. The present provisional measures will remain in effect until April 30, 2012. 2. To call upon the State to undertake the relevant procedures so that these measures aimed at protecting life and the right to humane treatment are planned 11 Cf. Matter of the Mendoza Prisons. Provisional Measures regarding Argentina. Order of the President of the Inter-American Court of Human Rights of August 22, 2007, Considering clause sixteen; Matter of the Mendoza Prisons. Provisional Measures regarding Argentina. Order of the Inter-American Court of Human Rights of November 26, 2010, Considering clause fifty-two; and Matter of the SocioEducational Inpatient Unit. Provisional Measures regarding Brazil. Order of the Inter-American Court of Human Rights of February 25, 2011, Considering clause fourteen. 12 Matter of the Socio-Educational Inpatient Unit, supra note 11, Considering clause fourteen. 10

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