5
“170 people being held as hostages in that prison” are not inmates;
and
iii) the measures taken to correct the current inmate uprising.
2.
To reiterate to the State and to the Inter-American Commission on Human
Rights its request that the necessary steps be taken to coordinate and oversee
compliance with the provisional measures ordered by the Court, in accordance with
operative paragraph three of the August 29, 2002 Order. Also, the State and the
Inter-American Commission are to report the results of the measures taken.
3.
To request the Inter-American Commission on Human Rights and the
petitioners to submit their comments on the respondent State’s report within 10 days
of receiving it.
4.
To summon the Inter-American Commission on Human Rights, the petitioners
and the State to a public hearing, which will be held at the seat of the Court on June
28, 2004, starting at 3:30 p.m., to hear their arguments on compliance with the
provisional measures ordered in the instant case.
17.
The May 4, 2004 brief and its attachments, wherein the State filed its sixth
report on compliance with the provisional measures that the Court required of it in
its previous Order. Summarizing, in that report the State informed the Court that:
a)
concerning the uprising that occurred in April 2004, routine at the
prison was disrupted when on April 16, 2004 two inmates were “murdered by
rivals”; in the wake of those two killings, a prison uprising broke out on
Sunday April 18, 2004, and relatives “refused to leave the prison.” The
victims were identified as Jailson Quintino de Lima and Israel Márcio Soares,
who were serving their sentences in separate cells. Concerning the measures
taken in response to the uprising, the State reported that by the time it
received notification of the Court’s April 22, 2004 Order, it had already taken
all the measures necessary to bring the uprising to an end. During the riot,
some 160 prisoners threatened with death were removed from the “safe” area
and taken to an administrative area beyond reach of the rioting inmates, so
as to protect their lives and physical safety. All the deaths that happened in
the prison during the riot were caused by blows inflicted by “rivals” wielding
“hand-made weapons.” The riot ended on April 22, 2004, and at around 4:00
p.m. a negotiations document was drawn up and signed by the “new cabinet”
and a commission composed of five inmates and three visitors (the State
attached a copy of this document). At 8:00 p.m. on April 22, 2004, all
visitors were allowed to leave. As agreed in the negotiations document, that
same night 30 inmates were transferred from the Urso Branco Prison to Porto
Velho’s Eighth Police Precinct. The following day the Director of the National
Prisons Department (DEPEN) went to the prison to continue with verification
of the damage caused and with the military police investigation. The State
also supplied a list, prepared by the Office of the Superintendent for Prison
Affairs of the State of Rondônia, of the inmates who died as a result of the
riot;5
b)
it recognized the seriousness of the situation at the Urso Branco Prison
and was taking all measures to ensure the rights of the inmates;
c)
as for other measures taken, an agreement was signed between the
Federal Union and the State of Rondônia to provide a social service to monitor
performance of the inmates’ sentences, so as to reduce the overcrowding in
5
The list names 14 inmates who died, the cell where 12 of them were housed, and the date on
which 9 of them died.