8
13.
That the thorough analysis of compatibility of the penitentiary conditions with
the American Convention must be performed during the merits stage of the case. In
that respect, the Court observes that case file No. 12,568 is under the consideration of
the Inter-American Commission since June 5, time at which a complaint on the
situation of the persons deprived of liberty at the Urso Branco Prison was filed with the
Commission. As informed on August 28, 2007 to the Court by the Commission, “case
No. 12,568, Persons Deprived of Liberty at Urso Branco Prison, Rondônia, is under
proceedings, in the merits stage.” On the other hand, the Court would consider the
adequacy of the detention conditions at Urso Branco to the American Convention and
international laws on the matter, in the corresponding stage of the proceedings, in the
event the case is brought before it.7
14.
That as long as this case is under the consideration of the Commission, the
latter shall have to consider whether the alleged detention conditions are incompatible
with the American Convention and take the measures it considers pertinent, in
accordance with its powers.
*
*
*
15.
That with respect to the measures adopted in order to efficiently protect the life
and physical integrity of all the persons confined at Urso Branco, as well as the life and
physical integrity of those entering the premises, the State, inter alia, pointed out that:
i)
it called for an open competitive examination in order to hire 900
correctional officers for the state of Rondônia. Once the selection process was
finished, there was a basic training course which ended in December, 2008, in
which the first 646 correctional officers were approved. On April 3, 2009, 60
correctional officers were appointed to work at Urso Branco, which at present
has 34 security employees in each shift, among police officers, guards and
correctional officers. Furthermore, other 290 officers who passed the open
examination have already completed their training course and are expecting
their appointment. Moreover, the Penitentiary external security has the support
of the Military Police, the officers of which are trained in the areas of citizenship
security and human rights;
ii)
an internal CCTV is expected to be installed at the Prison in order to
surveil inmates and for the monitoring of possible abuse against them.
Furthermore, a new building for controlling the access of visitors and other
persons entering the Penitentiary was built, in which new electronic security
equipments were installed, such as X-ray tables and portable and walk-through
metal detectors;
iii)
the separation between convicted and temporary inmates still remains.
Also, the 67 inmates who allegedly led the main mutinies which took place at
Urso Branco were transferred to the federal penitentiary system, and
iv)
The Juez de Ejecución Penal [Penal Enforcement Judge] visits the Prison,
both periodically and without prior notice. The Ministerio Público [Office of the
7
Cf. Matter of the Urso Branco Prison, supra note 5, Considering clause No. 21.