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.

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