Order of the
Inter-American Court of Human Rights
of November 25, 2008
Provisional Measures
With regard to Brazil
Matter of Children Deprived of Liberty
in the “Complexo do Tatuapé” of FEBEM
HAVING SEEN:
1.
The Order of the President of the Inter-American Court of Human Rights
(hereinafter “the Inter-American Court”, “the Court” or “the Tribunal”) of November
17, 2005, and the Orders issued by the Court on November 30, 2005, on July 4, 2006
and on July 3, 2007. In the latter, the Tribunal decided:
1.
To reiterate to the State that it must immediately adopt and maintain the
necessary measures to protect the life and personal integrity of all the children and
adolescents residing in the Tatuapé Complex of the CASA Foundation, as well as that of
all the persons within it. To this end, it shall continue to adopt the necessary measures
to prevent outbursts of violence, as well as to guarantee the security of the inmates and
maintain order and discipline in the above mentioned complex.
2.
To reiterate to the State that it should maintain the necessary measures to
prevent the young inmates from being submitted to cruel, inhuman or degrading
treatment, including prolonged confinement and physical mistreatment.
3.
To reiterate to the State that, without prejudice to the measures ordered in the
preceding operative paragraphs that must be implemented immediately, it must
maintain and adopt those necessary to: (a) substantially reduce the overcrowding in the
Tatuapé Complex; (b) confiscate the weapons in the possession of the young people;
(c) separate the inmates in keeping with the relevant international standards and taking
into account the best interests of the child, and (d) provide the necessary medical care
to the detained children in order to guarantee their right to personal integrity. In this
regard, the State must periodically inspect the detention conditions and the physical and
emotional conditions of the detained children, with the participation of the
representatives of the beneficiaries of the […] provisional measures.
4.
To reiterate to the State that it [was to] take all the necessary steps to ensure
that the measures of protection are planned and implemented with the participation of
the representatives of the beneficiaries of the measures and that, in general, it keep […]
them informed of progress in their implementation.
5.
To reiterate to the State that it should facilitate the entry of the representatives
of the beneficiaries of the measures to the units of the Tatuapé Complex, as well as
communications between the latter and the young inmates, which should be conducted
in the most confidential manner possible, in order to avoid intimidating the adolescents
during the interviews.
6.
To reiterate to the State that it [was to] forward to the Court an updated list of
all the youths who reside in the Tatuapé Complex.