8
16.
That, when faced with a request for provisional measures, the Court cannot
consider the merits of any argument other than those strictly related to the extreme
gravity, urgency and need to avoid irreparable damage to persons. Any other matter
may be brought before the Court only through contentious proceedings or via requests
for advisory opinions.10
17.
That provisional measures are exceptional in nature, are ordered
need for protection and, once ordered, must be maintained in force
considers that the basic requirements of the situation of extreme gravity
and the need to avoid irreparable damage to the rights of the persons
said measures still exist.11
based on the
if the Court
and urgency,
protected by
18.
That this Court has taken note of the fact that the improvement and
rectification of the situation at the Araraquara Penitentiary following the June 2006 riot
demanded that the State adopt several measures to deal with the problems that
affected said penitentiary’s inmates.
19.
That the Court notes that, over the past two years, among other actions the
State has transferred the 1,200 beneficiaries to several penitentiaries without
incident, in order to be able to proceed with the reform works at the facility; among
other factors, proximity to the inmates' families was taken into consideration for the
relocation of the beneficiaries.
20.
That the State carried out the reconstruction of the entire Araraquara
Penitentiary, which is now operating within its intended capacity.
21.
That, in addition and among other measures, the State adopted a plan for the
construction of new penitentiaries with a view to curbing the problem of prison
overcrowding in the state of Sao Paulo; on the other hand, it guaranteed the
representatives’ access to the detention centers, and communications with and
visitations by the beneficiaries' family members and attorneys.
22.
That, in addition, the State has complied with its duty to periodically report to
the Court on the steps taken to implement these measures, submitting the list of
Series C No. 112, para. 159; Matter of the Urso Branco Prison, supra note 2, nineteenth considering clause;
and Matter of the Capital El Rodeo I & El Rodeo II Judicial Confinement Center, supra note 2, eleventh
considering clause.
10
Cf. Matter of James et al, supra note 4, sixth considering clause; Matter of the Capital El Rodeo I &
El Rodeo II Judicial Confinement Center, supra note 2, tenth considering clause, and Matter of the
“Globovisión” Television Station. Provisional Measures regarding Venezuela. Order of the Inter-American
Court of Human Rights of November 21, 2007, fourteenth considering clause.
11
Cf. Case of the Constitutional Court. Provisional Measures regarding Peru. Order of the InterAmerican Court of Human Rights of March 14, 2001, third considering clause; Case of Carlos Nieto-Palma et
al. Provisional Measures regarding Venezuela. Order of the Inter-American Court of Human Rights of August
5, 2008, sixteenth considering paragraph; and Case of the Mapiripán Massacre. Provisional Measures
regarding Colombia. Order of the Inter-American Court of Human Rights of May 3, 2008, seventh
considering clause.