7. the lack of sufficient State agents to assure safety and security in the
prison;
8. the alleged possession, fabrication, and exchange of knives and
firearms amongst prisoners;
9. the complaints of sexual exploitation of minors admitted into the
prison with fake identification and who were forced to have sexual
relations with prisoners;
10. more than 100 cases of lack of medical care. Moreover, there was a
lack of doctors, rehabilitation technicians, and lack of adequate
nutrition. Also, in various cells there were inmates with tuberculosis
and lepra, without the State adopting appropriate measures;
11. the alleged overcrowding, with 6,456 inmates present on September
14, 2013, and 6,444 on February 28, 2014, for a prison with capacity
for 1,514 persons;
12. the prison conditions are also deplorable: electricity is intermittent
and there are exposed electrical wires that have generated some
sparks and small fires in certain cell blocks; access to water comes
and goes in intervals and in one unit, the water supply is cut every
night; there is no distribution for hygienic materials and food is
extremely scarce and is prepared without any health standards;
13. the use of cells in the disciplinary cell block without any natural light
and where many attacks occur;
14. the practice of vaginal and anal inspections to the visitors of the
prison in ‘suspect’ cases, and
15. the failure to investigate the mentioned facts.
d)
In this regard, the State recognized that "the various problems at the
'Professor Aníbal Bruno' prison [were] complex, and therefore demanded
structural responses.” Also, on October 29, 2013, it announced the creation of
a "Permanent Forum of Accompaniment on Precautionary Measures" under the
Federal Public Ministry and with the participation of other State agencies. In
addition, the State provided no information for the Commission regarding
complaints of violence and torture against the beneficiaries of the precautionary
measures. Lastly, the State reported on, among other things: a) programs and
policies implemented to combat torture; b) that the use of 'chaveiros' would be
assessed by inspection agencies of the prison system in order to obtain a
concrete and permanent solution; c) that there is currently a qualified health
team at Aníbal Bruno prison; d) that within the prison, visitors were registered
with biometric identification, which reduces the risk of sexual exploitation.
8.
The arguments of the Commission that form the basis of the request for
provisional measures, among which, it noted that:
a)
“the main risk factors identified by the Commission are: i) the alleged
use of disciplinary practices and acts of violence by the authorities at the prison
that amount to acts of torture, cruel, inhumane and degrading treatment; ii)
the alleged indiscriminate use of force and firearms by prison officers; iii) the
alleged persons known as 'chaveiros', that is, inmates that implement
disciplinary measures and acts of violence to the detriment of other prisoners;
iv) the alleged lack of effective control within the prison; v) the alleged arms
trafficking between inmates; vi) the alleged lack of medical care in urgent cases
and the spread of communicable diseases; vii) the upsurge of violence due to
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