6.
Regarding the implementation of measures reported on by the state, the
representatives of the beneficiaries observed, among other matters, that:
a)
“the juveniles continue to be subjected to torture and other forms of cruel,
inhuman, and degrading treatment, [placing their] lives at risk and subjecting
them to constant violations of their physical, mental, and moral integrity”;
b)
on April 5, 2011, the UNIS contained 108 juveniles when its capacity was only
62; the cells have poor ventilation and are very dark; and “recent
bloodstains” were observed on the walls being painted in Block C;
c)
in module Awaken I, the inmates reported that the “’restraint’ agents threaten
them, saying that they will beat them in the streets [and] that they would
strike them with sticks and tubes” on one occasion;
d)
in module Awaken II, an inmate showed “marks from rubber bullets on his
body and fragments from ordnance as a result of a riot occurring in November
2010. [A] juvenile reported that the restraint agents frequently offend [the
inmates], [...] and discredit [...] their family members”;
e)
in module Awaken III, an inmate showed “ a deep laceration in his head and
said that an agent from [the Espírito Santo Ministry of Justice] had struck
him.” Also, the juveniles denounced the common practices of “assaults,
destruction of their belongings, and verbal threats” on the part of ‘restraint’
agents”;
f)
regarding the implementation of actions referenced by the State in its brief,
these actions have not been effective, “the climate of insecurity still reigns in
the establishment[,] [and] the [inmates’] accounts of torture carried about by
restraint agents continue”;
g)
the proposal for the regionalization of socio-educational assistance does not
constitute “an effective measure as the State argues” as “accounts of torture
and assaults against juveniles are already documented” in other units, and
h)
hygienic conditions in the UNIS are “subhuman [...] and, from what was told,
medical attention does not exist.” Furthermore, the quality of alimentation is
“dismal” with it being common to find insects or hair in their food. Also, the
quality of the “‘hygiene kit’ [...] was a general complaint of all the inmates.”
7.
Regarding the implementation of provisional measures, the Commission,
among other considerations, “[positively] assess[ed] the measures adopted by the
State to try and reduce evident overcrowding in UNIS [but] opine[d] that the
problem of an apparent lack of control and generalized violence [...] must be solved
from a comprehensive perspective.” Also, the Commission affirmed that the State
has not submitted information regarding the recently-approved disciplinary regimen
and that, on the contrary, “from the State’s brief it is evident that any misconduct on
the part of the inmates is punished by way of excessive use of force.” Finally, it
expressed its concern regarding persistent “complaints as to the lack of due medical
attention.”
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