Mesures Conservatoires
Résolution No. 86/21
MC 869-21 - Antônio Martins Alves , Brésil
On October 21, 2021, the IACHR granted precautionary measures in favor of Antônio Martins Alves. In accordance with the request According to the request, the whereabouts or fate of the proposed beneficiary is unknown since July 16, 2021. The Commission did not have information that would indicate that substantial progress has been made in clarifying what happened or in locating the beneficiary. Consequently, in accordance with Article 25 of the Rules of Procedure, the Commission requested that Brasil:
- adopt the necessary measures to determine the situation and whereabouts of Antônio Martins Alves, in order to protect his rights to life and personal integrity; and
- report on the actions taken to investigate the alleged events that led to the adoption of this precautionary measure, so as to prevent them from reoccurring.
Résolution No. 40/19
MC 379-19 - Penitenciaría Evaristo de Moraes, Brésil
On August 7, 2019, the IACHR decided to grant precautionary measures in favor of the persons deprived of liberty at the Penitentiary Evaristo de Moraes, in Brasil. The applicants, members of the Rio de Janeiro State Public Defender’s Office, claimed that the proposed beneficiaries faced serious detention conditions and a lack of appropriate medical attention. Moreover, they alleged that tens of deaths were registered during these past years, with more than five cases in 2019, while their causes are still not fully determined; in addition, they indicated that the establishment showed high overcrowding, reaching even more than 250% of its capacity. After analyzing the factual and legal arguments put forward by the parties, the Commission considers that the information submitted prima facie shows that the proposed beneficiaries face a situation of seriousness and urgency, since their rights to life, personal integrity and health are in serious risk. Consequently, according to Article 25 of the Rules of Procedure, the Commission requested Brazil to:
- adopt the necessary measures to preserve the lives, personal integrity, and health of the persons detained in the Evaristo de Morães Detention Facilities;
- adopt immediate actions to substantially reduce overcrowding inside the detention facilities in accordance to international standards;
- provide adequate hygiene conditions inside the facilities, access to drinkable water, and adequate medical care for the detainees, according to the illnesses they have;
- adopt the necessary measures to have contingency plans in case of an emergency;
- consult upon the measures to be adopted with the beneficiaries and their representatives; e
- provide information regarding the actions taken to investigate the alleged acts that caused the adoptions of the present precautionary measure and, in this way, avoid its repetition.