the minimum standards applicable at detention centers for children and
adolescents";
c)
it should be assumed prima facie that children and adolescents
deprived of liberty are at a high level of unprotection whenever the
circumstances suggest that the State does not comply with the minimum
standards of prevention and assurance according to the corpus juris in
matters related to juvenile justice;
d)
whenever the State faces children and adolescents deprived of
liberty, the State must assume its special role as guarantor with the utmost
care and responsibility, and it must take into account the best interest of the
child;
e)
in the context of these riots and rebellions, there are “specific
conditions of imminent risk that cause irreparable damage to the life and
physical integrity of the children and adolescents deprived of liberty” by
other inmates “in view of the inability of the State to protect them.”
Moreover, regarding the requirement of irreparable damage, the
Commission considers that the Court should take into account the impact of
the proceedings and the omissions of the State;
f)
the existence of an imminent risk that may cause irreparable damage
to children and adolescents at the hands of the security forces or the guards
of the facility, who usually respond in a disproportionate and repressive
manner when these disturbances occur. Thus, Brazil has not proven the
effective adoption of the mechanisms necessary to prevent the occurrence of
these violent acts at UNIS and, in view of the State’s inability to effectively
prevent the occurrence of these violent acts, “its only response is the use of
force,” which causes “a certain and serious risk, which could be avoided, of
causing irreparable damage, to the [inmates] and to other people affected
by these acts inside the facility";
g)
moreover, “these outbreaks of violence and chaos cause a situation
of risk wherein grave situations of emergencies such as fires and other
collective disasters might occur”;
h)
the seriousness of the alleged facts, the imminent risk and the high
probability that an irreparable damage might occur, confirm that the
conditions of gravity and urgency required for the application of the
standards of the Convention regarding provisional measures have been met.
Furthermore, in light of “the confinement conditions at the UNIS, the lack of
prevention, effective control, and classification of its population, the
Commission considers that the conditions for the granting of the provisional
measures have been fulfilled in this matter.” The foregoing is contrary to the
international standards of juvenile justice according to the best interest of
the child, and it is even more important when the violent facts at the facility
are taken into account, and
i)
much of the information provided by the State deals with the
processing of the case before the Commission, that is to say, it has been
already analyzed and considered to be insufficient to guarantee effective
control at the UNIS and, hence, to guarantee to all inmates the right to life
and personal integrity.
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