3
measures such as suspension of visits had been applied. The Secretariat also
informed the State that the Inter-American Commission had alleged other serious
incidents not mentioned by the State in its fourth report. The Commission had also
reported information related to compliance with operative paragraph three of the
Court’s August 29, 2002 Order (supra ‘Having Seen’ 2). Although the Court was
recently informed that the Justice and Peace Commission had been allowed to visit
the prison, the Court had not received any information regarding the establishment
of a suitable mechanism to coordinate and oversee compliance with the provisional
measures it had ordered. The Court also reminded the State that the reports the
latter is to file every two months are to include updated lists of all inmates at Urso
Branco Prison so as to enable the Court to keep track of the names of those released
and the names of incoming prisoners; the lists are also to show the number and
names of the inmates who are serving sentences and the number and names of
those who have not yet been convicted, pursuant to operative paragraph four of the
Court’s June 18, 2002 Order (supra ‘Having Seen’ 1) and operative paragraph seven
of its August 29, 2002 Order (supra ‘Having Seen’ 2). To continue its examination of
compliance with the provisional measures it had ordered, the Court asked the State
to submit its fifth report by no later than February 16, 2004 (the deadline for which
had expired on October 14, 2003). That report was to have detailed compliance with
the terms of the Court’s two orders and the events and problems described in the
Commission’s comments on the State’s fourth report but which Brazil had not
mentioned in that report.
11.
The February 20, 2004 brief whereby the State presented its fifth report on
compliance with the provisional measures.
The Secretariat was awaiting the
attachments to that brief, one of which was to have been the updated list of inmates
at Urso Branco Prison (the State indicated that the list in question would be sent to
the Court “within ten days”). In keeping with operative paragraph four of the June
18, 2002 Order (supra ‘Having Seen’ 1), the Secretariat indicated that the
Commission had until May 9, 2004 to present its comments on the State’s fifth
report. It gave the petitioners four weeks to submit any comments they deemed
pertinent on the State’s report; in other words, until April 6, 2004.
12.
The March 11, 2004 brief whereby Brazil presented the attachments to its
fifth report. The Secretariat noted that the State did not file all the documents listed
as attachments and therefore asked the State to provide them forthwith.
It
reminded the State that:
a)
under the terms of operative paragraph two of the Court’s June 18, 2002 Order
and operative paragraph four of its August 29, 2002 Order, when it submits its
reports the State must give a detailed accounting of the investigation into the
facts that necessitated the adoption of these provisional measures, in order to
identify those responsible and punish them accordingly. This includes the
investigation into the serious events that transpired at the Urso Branco Prison
even after the Court issued the June 18, 2002 Order; and
b)
pursuant to operative paragraph four of the Court’s June 18, 2002 Order and
operative paragraph seven of its August 29, 2002 Order, when the State
submits its reports it is to present an updated list of all the inmates at the Urso
Branco Prison, so that released and incoming inmates can be identified; it must
also show the number and name of the inmates serving sentences and of
unconvicted inmates.
13.
The April 7, 2004 brief and its attachments, where the petitioners filed their
comments on the State’s fifth report (supra ‘Having Seen’ 11).