24
particular that they use force in an exceptional, planned, and limited manner in order to
prevent prison violence. For this reason, the measures to be taken by the State must
prioritize a system of preventive action - intended inter alia to prevent arms trafficking and
an increase in violence - over a system of repressive action.32
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by way of the authority conferred by Article 63(2) of the American Convention on Human
Rights and Article 27 of the Rules of Procedure,
DECIDES TO:
1.
Lift the provisional measures ordered by the Inter-American Court of Human Rights
on November 22, 2004, and later ratified, to protect the life and integrity of all the persons
held in custody in the Mendoza Provincial Prison and those in the Gustavo André Unit, in
Lavalle, as well as every person found within those facilities.
2.
Clarify that under the terms of Article 1(1) of the American Convention, the lifting of
provisional measures does not imply that the State is relieved of its obligations under the
Convention to protect.
3.
Request that the Secretariat of the Court notify the State, the Inter-American
Commission on Human Rights, the representatives of the beneficiaries, and the State of
Argentina of this Order.
4.
Close the case file on this matter.
Diego García-Sayán
President
Manuel E. Ventura Robles
32
Margarette May Macaulay
Cf. Case of Montero Arangueren et al. (Catia Prison) v. Venezuela. Preliminary Objections, Merits,
Reparations and Costs. Judgment of July 5, 2006. Series C No. 150, para. 67, 71, 77, and 78; Case of Penal
Miguel Castro Castro v. Peru. Merits, Reparations and Costs. Judgment of November 25, 2006. Series C No. 160,
paras. 239 and 240; Matter of Yare I and Yare II Capital Region Penitentiary Center. Provisional Measures
regarding Venezuela. Order of the Court of March 30, 2006, Considering 15, and Monagas Judicial Confinement
Center ("La Pica”). Provisional Measures regarding Venezuela. Order of the Court of February 9, 2006, Considering
17.