2
3.
To reiterate to the State that, without prejudice to the measures to be implemented
immediately and that were ordered in the preceding operative paragraphs, it should maintain
and adopt those necessary to: (a) substantially reduce the overcrowding in the Tatuapé
Complex; (b) confiscate the weapons in the possession of the young people; (c) separate the
inmates in keeping with the relevant international standards and taking into account the best
interests of the child, and (d) provide the necessary medical care to the detained children in
order to guarantee their right to personal integrity. In this regard, the State shall carry out a
periodic review of the detention conditions and the physical and emotional conditions of the
detained children, with the participation of the representatives of the beneficiaries of these
provisional measures.
4.
To reiterate to the State that it should take all pertinent measures so that the
protection measures are planned and implemented with the participation of the
representatives of the beneficiaries of the said measures and that, in general, they are
informed regarding progress in their implementation.
5.
To reiterate to the State that it should facilitate the entry of the representatives of
the beneficiaries of the measures to the units of the Tatuapé Complex, and also
communication between them and the young inmates.
6.
To reiterate to the State that it should forward the Court an updated list of all the
young inmates of the Tatuapé Complex and to provide: (a) precise information on the
identity of the minor; (b) the date and time of entry, possible transfer and release, and (c)
whether the adolescents who are being prosecuted and those whose legal situation has
already been decided by the Judiciary are physically located in different sections within the
complex.
7.
To reiterate to the State that it should investigate the facts that gave rise to the
adoption of provisional measures and the violent events that took place subsequently, in
order to identify those responsible and impose the corresponding sanctions, including
administrative and disciplinary sanctions.
8.
To reiterate to the State that it should keep informing the Inter-American Court of
Human Rights, every two months, on the provisional measures adopted, forward and, in its
next report, to forward information on the death of young Ricardo Pereira Cunha, the steps
taken to investigate the facts, and the measures taken to prevent such incidents recurring.
[…]
4.
The fourth, fifth, sixth, seventh, eighth and ninth reports of the State of July 27,
September 29, and December 8, 2006, February 8, April 3, and May 21, 2007,
respectively as well as their appendixes, in which it advised, inter alia, that:
(a) Two uprisings, two disturbances, five attempted escapes, one death, and the
escape of 30 adolescents had been reported. Despite the decrease in the number of
events, the CASA Foundation was continuing to conduct numerous inspections in
the units. Several pedagogical, cultural, religious and sports activities had been
organized. Despite these measures, the adolescent, Ricardo Pereira Cunha, had
been attacked by fellow inmates and had died on May 28, 2006. The agents of the
CASA Foundation’s support groups had received appropriate training for security
activities from the “Escola de Formação e Capacitação Profissional da CASA
Foundation.”
(b) The mistreatment has decreased. Also each report is duly examined and
investigated, and those allegedly responsible are separated from their functions
and, following the due disciplinary procedure, are sanctioned, if applicable. From
2003 to February 2007, as a result of the proceedings before the “Corregedoria
Permanente” (standing magistrate’s court) concerning the Tatuapé Complex, there
have been 12 justified dismissals, 24 suspensions, and two warnings; of these four
dismissals and 18 suspensions had been applied to officials who absented
themselves from work excessively and without justification. In addition, the
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