11.
For its part, the Inter-American Commission noted that the State had adopted
several measures to try to address the risk situation facing the beneficiaries. It also
took cognizance of the State’s willingness to move forward in the implementation of
the provisional measures, but considered that, bearing in mind the seriousness of the
facts, it is important that the State provide detailed information on the specific
incidents referred to by the representatives.
12.
The Inter-American Court appreciates the different initiatives undertaken by
the State in order to implement the provisional measures in a timely manner and to
improve the situation at the Socio-Educational Internment Facility (UNIS) and at
other internment facilities. In particular, this Court takes cognizance of the timely
implementation of the measures set forth in the inter-institutional agreement
previously reported to the Court, and of attempts to coordinate the different organs
of the justice system and those that provide assistance to juvenile offenders.
Furthermore, the Court highlights the training actions undertaken to strengthen the
personnel of the IASES, with the aim of improving the care provided to inmates and
preventing risk situations.
b) Situation of Risk at the Socio-educational Internment Unit
13.
The State reported that between July and December 2011 there were ten
incidents of an “extraordinary” or “exceptional” nature, which were duly
communicated to the authorities of the justice system. Similarly, during the period
from July 2011 to February 2012, there were no recorded incidents of extreme
gravity and urgency that could cause irreparable harm to the employees or inmates
or affect the order and proper functioning of the IASES units. The State also reported
that, regarding the incidents described in the representatives’ previous briefs, the
State had already taken steps to properly address each situation reported and had
duly arranged for a forensic medical examination of each inmate involved in the
different incidents. Furthermore, the recorded incidents were duly dealt with in the
context of the Disciplinary Evaluation Commissions and were submitted for
investigation by the Comptrollership (Corregedoria) of IASES.
14.
In this regard, the representatives stated that at UNIS, and also at most
other facilities, disciplinary control continues to be applied using cruel means or in an
illegal, arbitrary and improvised manner, without observance of any regulations.
They expressed particular concern over the transfer of some beneficiaries of the
instant provisional measures to other Units, since this measure continues to be
ineffective for protecting their life and personal integrity given that the same types of
violent incidents occur at the units to which they were transferred. Regarding the
acts of violence that occurred at UNIS subsequent to the Order of September 1,
2011, the representatives mentioned the following:
a)
several inmates complained that the Unit’s current security coordinator
“collectively threatens to lock them up [...] and with the action of the
intervention [team].”
b)
on August 30, 2011 a youth was assaulted by two officers, who almost
broke his arm. On September 14 an inmate reported that he was
handcuffed in the “Christ position” for four hours and another youth
denounced that he was placed face down on the ground and dragged, and
that he was subsequently assaulted by officers and suffered injuries to his
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