7.
The note of January 19, 2011, wherein the Secretariat, following the
instructions of the President, requested that the State submit the annexes to its
brief of January 17, 2011, and granted a term until February 1, 2011 for the
Commission to forward the observations it considered relevant regarding the
information presented by the State.
8.
The brief and its annexes of January 24, 2011, wherein the Commission
forwarded a copy of the complete case file of the processing of the precautionary
measures.
9.
The brief of February 1, 2011, wherein the Commission requested an
extension of two days to present its observations.
10.
The notes of February 2, 2011, wherein the Secretariat granted the
extension requested by the Commission and reiterated to the State that it should
submit the annexes to the brief of January 17, 2011.
11.
The brief of February 3, 2011 and its annexes, by which the Commission
submitted its observations to the information presented by Brazil, as well as
additional information on the matter and the note of the Secretariat of February 7,
2011, wherein it transmitted this document to the State and requested the
submission of the observations to be presented by no later than February 16, 2011.
12.
The brief of February 16, 2011, wherein the State forwarded its observations
to the additional information presented by the Commission.
13.
The briefs of February 18 and 21, 2011 and the annexes thereto, wherein
the State submitted the annexes to its briefs of January 17 and February 7, 2011,
respectively, as well as additional documentation related to the Commission’s
request.
14.
The alleged facts that form the basis of the request for provisional measures
filed by the Inter-American Commission, namely:
a)
the request for precautionary measures received by the Commission
on July 15, 2009, which was registered as MC-224-09 and was presented by
the Centro de Defesa de Direitos Humanos da Serra do estado do Espírito
Santo y Justiça Global [Center for the Defense of Human Rights of Serra of
the state of Espirito Santo and Global Justice], regarding the situation of
grave and immediate risk to the life and integrity of the children and
adolescents deprived of liberty of the Socio-Educational Internment Facility.
On November 25, 2009, the Commission adopted certain precautionary
measures, which did not produce the desired effect regarding protection,
“given that after the adoption of said measures, several incidents of violence
took place and complaints regarding inhumane conditions of confinement
have been filed.” Based on the foregoing and the request of the
representatives of November 22, 2010, the Inter-American Commission
decided to submit to the Court this request for provisional measures.
b)
as background, the Commission presented information on events that
took place in 2010, regarding precarious confinement conditions, riots, and
rebellions; adolescent held in the court yard of the Facility in handcuffed and
under supervision; lack of separation of inmates based on age, body build,
and seriousness of the offence; complaints of assaults and torture to
adolescents by the officers of UNIS and by other adolescents of the facility;
plastic bullet shots, as well as verbal and physical assaults to adolescents
during the searches, and accounts rendered as to the fact that units of the
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