13 State be particularly concerned with the living conditions during the time that liberty is deprived, as that right has not expired nor has it been restricted because of the detention or imprisonment. 5. 8. That the State’s obligation to protect all the persons under its jurisdiction also encompasses the duty to control the action of third parties, an erga omnes. 6 * * * 9. That although this Tribunal favorably values the measures adopted by the State in compliance with the provisional measures ordered in the present case, a situation of extreme gravity and urgency and of possible irreparable damage to the rights to life and humane treatment of the inmates of Yare I and Yare II Capital Region Penitentiary Centre (the Yare Prison) persists. 10. That the violent events have continued in the Yare Prison despite the enforcement of the current measures and have caused the death of approximately 40 inmates and injury to 60 inmates (supra Having Seen clause 2.a.iii, 3.a.ii, 3.a.iii, 4.a.iii and 4.a.iv), which demonstrates the ongoing and urgent necessity to adopt effective measures of protection. 11. That as a result of what was previously stated, the Court considers it is necessary for the State to continue adopting and implementing immediate and effective measures of protection to fully guarantee the rights to life and humane treatment for the inmates of the Yare I and Yare II Capital Region Penitentiary Centre (the Yare Prison). Thus, the State should make use of all the possible resources to reduce the level of violence at the confinement center. In that respect, the Court considers that the rights to life and humane treatment not only imply that the State should respect those rights (negative obligation), but also require that the State adopt all appropriate measures to guarantee those rights (positive obligation), in compliance with its general duty established in Article 1(1) of the American Convention7. * * * 5 Cf. Case of the "Juvenile Reeducation Institute” v. Paraguay. Preliminary Objections, Merits, Reparations and costs. Judgment of September 2, 2004. Series C No. 112, para. 160; Matter of Monagas Judicial Confinement Center (“La Pica”). Provisional Measures, supra note 1, Considering Clause eleven and Matter of Children Deprived of Liberty in the "Complexo do Tatuapé" of FEBEM. Provisional Measures Order of the Inter-American Court of Human Rights of July 4, 2006, Considering Clause ten. 6 Cf. Matter of the Peace Community of San José de Apartadó. Provisional Measures Order of the InterAmerican Court of Human Rights, of November 24, 2000; Considering Clause eleven. Matter of Monagas Judicial Confinement Center ("La Pica") Provisional Measures, supra note 1, Considering Clause twelve and Matter of Children Deprived of Liberty in the "Complexo do Tatuapé" of FEBEM. Provisional Measures, supra note 3; Considering clause seven. 7 Cf. Case of “Street Children" (Villagrán Morales et al) v. Guatemala, Judgment of November 19, 1999. Series C, Nº 63, para. 139; Matter of Monagas Judicial Confinement Center (“La Pica”). Provisional Measures; supra note 1; Considering Clause seven; and Case of the Plan de Sánchez Massacre Provisional Measures Order of the Inter-American Court of Human Rights of November 25, 2006, Considering Clause thirteen.