11 v) in accordance with the information available at the website of the National Penitentiary Department, detainee M.V.S. was an alleged victim of torture on the part of military policemen, on April 13, 2009; vi) between August 7 and 8, 2009, four detainees were victims of gunshots effected by a prison guard, while Prison employees tried to remove a TV set from one of the cells. Pursuant to the conclusive report of the police investigation, the facts constituted attempted murder. That same document concluded that during the episode there were 75 firearm shots with both lethal and anti-mutiny shotgun ammunition. The shot victims were taken to hospital, but one of them, F.F.G., who suffered severe injuries to the right hand, did not receive the proper medical attention and is expecting surgery to date; vii) in the visits to the Penitentiary of September 24 and 25, 2009, the representatives held conversations with more than 100 inmates, of which 27 informed to have been victims of physical abuse which was not documented by the State. For instance, the representatives mentioned at the public hearing, the case -not informed by the State- of a detainee who had been shot in the arm five months ago and still had lead remains in his body. In accordance with the conducted interviews, security agents belonging to the special penitentiary forces who work wearing hoods are the most frequently denounced; viii) some detainees denounced that they allegedly suffered sexual violence on the part of other inmates, with the acquiescence of the security agents. During the visit to the Penitentiary in September 2009, the representatives verified that in the so called “safe” cell, which was supposed to be used only to house those charged with or convicted of sexual crimes, there were at least three inmates who were charged with or convicted of crimes of a different nature. One of the detainees told the representatives that he had been submitted to sexual abuse in the above mentioned cell by one of the three inmates who were not charged with or convicted of sexual crimes and, therefore, he should not be confined thereat, and ix) the chaotic situation in the Penitentiary contributes to the nondenouncement of many facts of violence by the detainees because they are afraid of retaliations. The employees accused of violating the rights of the detainees are not removed from the Prison, reason for which the latter do not feel safe to denounce the acts of violence they are victims of. Despite the interviews conducted with the inmates during the mutirão, the presence of the hooded security agents carrying large-caliber weapons in that event did not create an environment of calm and trust so that the prisoners could denounce the violations they had suffered to the judicial authorities. Therefore, the fact that tortures and other acts of violence have not been informed to the State authorities does not mean that they have not existed. 19. That with respect to the State reports and the observations presented by the representatives, the Commission appreciated the improvement of the proportion between inmates and security agents, but it stated that this number continues to be insufficient, in accordance with the judgment of April 2009 (infra Considering clause No. 28). The lack of personnel together with the penitentiary overcrowding aggravates the risk situation. Additionally, the Commission expressed its concern for the persistence of the facts of violence perpetrated by the prison guards, who are not trained to deal with the inmates and, on the contrary, they use force in an excessive