8
12.
The observations of May 26, 2006 presented by the Commission to the
second report of the State (supra Having Seen clause No. 8), whereby, after a
postponement, it expressed that:
a)
regarding the protection obligation, the continuance of violence
episodes which ended up with several people injured, the violent treatment
which is still being provided to the inmates by the security personnel, and the
disproportion between the number of children and youngsters detained and
the number of guards, which is notoriously unequal, have led police personnel
to participate in tasks related to the Compound security. The lack of
information regarding training, preparation and training for the treatment and
attention of adolescents in conflict with the law are facts that show that the
State has not satisfactorily fulfilled the obligation to prevent the attacks
against life and personal integrity;
b)
regarding the obligation to provide humane treatment to the young
detainees, the State has omitted any comments on eventual investigations or
sanctions regarding to violence acts perpetrated by the institution’s personnel
in detriment of the children and adolescents deprived of liberty. No specific
provisions have been taken in order to prevent children and adolescents
detained in the Complex from being submitted to cruel, inhuman or degrading
treatment, among which lasting confinement and physical mistreatment are
included;
c)
regarding the specific obligations imposed by the Court, regarding to
the institution security:
i)
(decrease of overcrowding): in a visit made by the Rapporteur
on the Rights of Persons Deprived of Liberty of the Inter-American
Commission, it was noticed that an average of six inmates shared each
one of the small cells, without enough light or fresh air;
ii)
(weapons seizure): the searches performed with the support of
the Military Police is not adequate, as this security body is not duly
trained to deal with detained children and adolescents. Furthermore,
the searches activity is questionable, based on the public information
regarding the security crisis of São Paulo;
iii)
(inmates classification): there is no classification among the
young detainees according to age or to the nature of the offense
committed, and
iv)
(medical attention): youngsters who are victims of
mistreatment by the institution officers do not receive any medical
attention; several inmates have chronic diseases and do not receive
any medicine, and psychological assistance is deficient.
d)
regarding to the forwarding of an updated list of the inmates, the
State has fulfilled what has been ordered by the Court, and
e)
regarding to the investigation of the events, it has expressed its
concern regarding the lack of information on the present state of the
investigations referring to the violence incidents which served as precedent
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