-8-
16.
That the State is required to use all available means to reduce violence at the
prison to a minimum. In this regard, the Court believes that the rights to life and
humane treatment not only entail the State’s duty to respect such rights (a negative
duty), but also require the State to take all appropriate measures to guarantee their
enforcement (a positive duty), in compliance with its general duty under Article 1(1)
8
of the American Convention.
17.
That the problems affecting confinement centers call for medium- and longterm action to bring their conditions in line with the applicable international
standards. This notwithstanding, States are under a duty to take immediate action to
guarantee the physical, mental and moral integrity of inmates, as well as their right
to life and the right to decent living conditions.
18.
That, in discharging its international obligation to guarantee all persons the
full exercise of human rights, the State is required to design and enforce a
correctional policy to prevent critical situations such as the ones giving rise to these
provisional measures.9
19.
That the background information supplied by the Commission regarding the
events at the Yare Prison (supra Having Seen clause No. 2) prove, prima facie, a
situation of extreme gravity and urgency in connection with the rights to life and
humane treatment of the inmates confined at said facility.
20.
That application of the prima facie standard in a given case and the use of
presumptions given the need for protection have repeatedly led the Court to order
provisional measures. Accordingly, this Tribunal deems it necessary to protect such
persons through provisional measures in accordance with the provisions of the
American Convention.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
by virtue of the authority vested upon it by Article 63(2) of the American Convention
on Human Rights and Articles 25 and 29 of its Rules of Procedure,
DECIDES:
1.
To call upon the State to immediately adopt such measures as may be
required to efficiently and conclusively prevent violence at the Yare Prison, in order
that no inmate or any other person at said facility is killed or their personal integrity
impaired.
8
Cf. Matter of Monagas Judicial Confinement Center (“La Pica”). Provisional Measures, supra note
3, Considering clause No. 18; Matter of Children Deprived of Liberty in the “Complexo do Tatuapé” of
FEBEM. Provisional Measures, supra note 3, Considering clause No. 15; and Case of the Pueblo Bello
Massacre. Judgment of January 31, 2006. Series C No. 140, para. 120.
9
Cf. Matter of Monagas Judicial Confinement Center (“La Pica”). Provisional Measures, supra note
3, Considering clause No. 12; Matter of Urso Branco Prison. Provisional Measures, supra note 4,
Considering clause No. 19; and Matter of Urso Branco Prison. Provisional Measures, supra note 6,
Considering clause No. 11.
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