3.
The brief of June 17, 2011 and its annexes, in w hich the State provided the
thirty-first report on compliance with the present provisional measures and several
documents.
4.
The brief of July 27, 2011 and its annexes, through which the representatives
of the beneficiaries forwarded their observations to said State report .
5.
The brief of August 17, 2011, whereby the Inter-American Court submitted
its observations on the State’s report and the representatives’ observations .
6.
The public hearing on the present provisional measures held on August 25,
2011 during the ninety-second regular session of the Inter-American Co urt, held in
Bogota, Colombia 1 ; the oral arguments presented by the parties; as well as the
documents filed by the State and the representatives on said opportunity, especially
the “Agreement for the Improvement of the Penitentiary System of the State of
Rondônia and Lifting of the Provisional measures Granted by the Inter-American
Court of Human Rights” (Pacto para Melhoria do Sistema Prisional do Estado de
Rondônia e Levantamento das Medidas Provisórias Outorgadas pela Corte
Interamericana de Direitos Humanos, hereinafter “the Agreement ”) signed by the
State and the representatives.
CONSIDERING THAT:
1.
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 that, pursuant with Article 62 of the same, it acknowledged the Court’s
binding jurisdiction on December 10, 1998.
2.
Article 63(2) of the American Convention states that, in “cases of extreme
gravity and urgency, and when necessary to avoid irreparable damage to persons,”
the Court may, in matters not yet before it, adopt such provisional measures as it
deems pertinent. This stipulation is also governed by Article 27 of the Rules of
Procedure of the Court. 2
3.
Article 63(2) of the Convention demands t hat for the Court to be able to
order provisional measures three conditions must be present : i) “extreme gravity”;
1
The following appeared at this hearing: a) for the Inter-American Commission: Karla Quintana
Osuna and Silvia Serrano, legal advisors; b) for the representatives: Fernando Delgado, Sandra Carvalho,
Deborah Popowski, C lara Long, David Attanasio, and Frances Dales, and c) for the State: Hildebrando
Tadeu Nascimento Valadares, Camila Serrano Giunchetti, Guilherme Fitzgibbon Alves Pereira, Fabio
Balestro Floriano, C hristiana Galvão Ferreira de Freitas, Alexandre Cabana de Queiroz A ndrade, Pedro
Casemiro, Miriam Spreáfico, Mayra Magalhães, Hélio Gomes Ferreira, Rafael Andrade Catunda, Valdecir da
Silva Maciel, Alexandre Cardoso da Fonseca, Sergio William Domingues Teixeira, Sandra Aparecida
Silvestre de Frias Torres, Alessandra Apolinário Garcia, Andréa Walesca Nucini Bogo, Héverton Alves de
Aguiar, and Euclides Maciel.
2
2009.
Rules of Procedure approved by the Court in its eighty-fifth regular session held November 16-28,
2