3
10.
The brief of September 16, 2008, and the appendixes thereto, whereby the
State provided additional information in response to the request made by the acting
President of the Court at the public hearing (supra Having Seen clause No. 7).
11.
The brief of September 30, 2008, and the appendixes thereto, whereby the
representatives provided information regarding their request to the Inter-American
Commission for provisional measures, in connection with the persons detained at the
“Orlando Brando Filinto” Penitentiary in Iaras, São Paulo, including twenty
beneficiaries of these measures.
12.
The brief of October 17, 2008, whereby the representatives provided their
comments on the additional information submitted by the State on September 16,
2008 (supra Having Seen clause No. 10).
13.
The brief of November 24, 2008, submitted after the deadline extension
granted by the President of the Court through November 1, 2008, whereby the InterAmerican Commission provided its comments on the State’s report of September 16,
2008, and the representatives’ comments on compliance with said measures (supra
Having Seen clauses Nos. 10 and 12).
CONSIDERING:
1.
That Brazil has been a State Party to the American Convention on Human
Rights (hereinafter, “the American Convention” or “the Convention”) since September
25, 1992, and it recognized the contentious jurisdiction of the Court on December 10,
1998, in accordance with Article 62 of the Convention.
2.
That Article 63(2) of the American Convention provides that, in “cases of
extreme gravity and urgency, and when necessary to avoid irreparable damage to
persons,” the Court may, in matters not yet submitted to it, adopt such provisional
measures as it deems pertinent at the Commission’s request.
3.
That, in this regard, Article 25 of the Rules of the Court provides as follows:
1.
At any stage of the proceeding involving cases of extreme gravity and urgency and
when necessary to avoid irreparable damage to persons, the Court may, at the request of
a party or on its own motion, order whatever provisional measures it deems appropriate,
pursuant to Article 63(2) of the Convention.
2.
With respect to matters not yet submitted to it, the Court may act at the request of
the Commission.
[…]
4.
That the American Convention allows the Court to order States to adopt
provisional measures, provided, however, that there is a situation of extreme gravity
and urgency creating a risk of irreparable damage to persons. The jurisdiction of the
Court as far as provisional measures are concerned is not necessarily restricted to a
case concerning measures before the Inter-American Commission –since, under
certain circumstances, the Court has acknowledged the protective, rather than merely