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the Supreme Court of Justice of the Nation in the orders entitled ‘Lavado Diego et
al. v. the Province of Mendoza,’ [...] instructing this Tribunal to make cease all
situations implying cruel, degrading, or other treatment capable of violating the
national Constitution,” inter alia, ruled
A.- To inform the executive branch of the province that it must, with all possible
urgency;
1.- Move to disinfect the Boulogne Sur Mer penitentiary facility to eradicate the insects
(cockroaches), taking measures leading to the permanent cleanliness of the blocks.2.- Provide chemical, substitute, or other bathrooms in sufficient quantities in the
different blocks to allow for the inmates’ privacy and dignity while attending to their
physiological needs.3.- To eliminate the situation of excessive overcrowding, relocating the inmates in
dignified conditions.4.-To adopt measures to effectively guarantee the physical integrity of the inmates,
tending to prevent situations that put their lives at risk.5.- To provide permanent medical control, care, and assistance for the inmates,
especially in block 15.[…]
d) an order of the Supreme Court of Justice of the Nation dated March 20, 2007,
ruled on the merits of the action brought (supra Considering 41(a)). Although it
ruled that the case does not fall under its "native jurisdiction" and ordered "to move
the proceedings to the National Appeals Chamber in the Adversarial Administrative
Federal Court for all pertinent purposes [... and] to the Supreme Court of the
Province of Mendoza," it found, inter alia, the following:
14) That this situation is among those possible, and that given it, the National
Executive Branch, in supervision of the interests of the National State, shall act in its
own interest with regard to the consequences entailed in the compliance or
noncompliance with the recommendations and rulings made by the Commission and
the Inter-American Court of Human Rights on the facts denounced. That it is the
legitimate bearer of the obligation related with the claim and not the Province of
Mendoza.
The issue has left the domestic scope of the Republic of Argentina, meaning that the
aforementioned provincial state is one of the bearers of the juridical relationship on
which the above-referenced claims are based, disregarding its grounds [...] The
provincial state cannot be recognized as suitable for contesting the specific subject this
proceeding is dealing with [...]
15) That the tone itself of the orders and communication of the international bodies
intervening in the complaints leading to this proceeding - attached to this ruling reveal that the juridical relationship invoked based on which it is sought to order
compliance with recommendations and rulings made by the Commission and the InterAmerican Court of Human Rights links the actors directly with the National State and
not the Province of Mendoza.
17) That in this way, a ruling contrary to the one brought about and as a consequence
of which the execution of the provisional measures adopted by the Inter-American