5
b)
a police inquiry was opened on each death occurred at the Urso Branco
Prison. In view of the fact that the investigations are proceeding slowly, the
representative of the Public Prosecutors’ Office in the State Penitentiary
Council requested the appointment of a unit of the civil police to accelerate
them. The Governor of the State is studying that request; and
c)
there is no evidence that State agents participated in the deaths of the
38 inmates that occurred during this year. What has been established is that
there is a firm intent by certain prisoners to kill the inmates they dislike, as a
form of protest.
Regarding the complete list of all persons incarcerated at the Urso Branco Prison, the
State explained that the Director of the Penitentiary submitted an updated list on
June 29, 2002, stating the 860 persons who are serving sentences of incarceration
under the closed system. The Director added that the list changes daily, as the
Criminal Sentence Execution Law provides for progression in the system of
incarceration for inmates due to good behavior, allowing them to move forward until
attainment of parole.
5.
The observations of the Commission to the first report filed by the State on
July 26, 2002, as ordered by the Court in operative paragraph three of the June 18,
2002 Order. The Commission appended a brief with observations of the applicants
to the report filed by the State, which it requested the Court to consider as “a
constituent part of the Observations of the Commission.” The latter document refers
to the measures that the State reported having taken to protect the inmates’ rights
to life and to personal safety, and to investigate the facts that led to the adoption of
these provisional measures. In brief, the document stated that:
a)
the investigative mission sent by the State of Rondônia restricted its
activities to work meetings with State authorities. It did not visit the Urso
Branco Prison or the construction work on the other penitentiaries;
b)
the presence of military police within the prison is an illegal measure,
one that is not allowed by Brazilian legislation;
c)
with respect to the hiring of new penitentiary officers, the President of
the Union of Penitentiary Agents of Rondônia reported that military were hired
instead of the candidates recently approved in the contest for penitentiary
officers;
d)
regarding construction and completion of the new penitentiaries in
Rondônia, the prison in the city of Guajará-Mirim will not be completed within
the time reported by the State, as the construction works have been
paralyzed for a month, and its capacity is for 40 inmates, rather than 68. The
cells of this new penitentiary have no ventilation, appropriate lighting, nor
locks;
e)
the measure pertaining to regular inspections of the Urso Branco
Prison has not been carried out;
f)
it is not possible to assess the real status of the administrative
investigation, because the State submitted very limited information and the
applicants do not have access to this administrative procedure;