9 Public Prosecutor] also visits the Penitentiary, which also has the daily presence of the Defensoría Pública [Public Defender Service]. 16. That, with respect to the violence facts occurred since the issue of the last Order of the Court, Brazil, inter alia, pointed out that: i) as a result of the actions effected by the State since December, 2007, there have not been other violent deaths, escapes or rebellions at the Penitentiary; ii) contrary to the representatives statements, torture is not an institutionalized means of control at Urso Branco. Whenever acts of this nature take place, State authorities immediately adopt the measures necessary to investigate the facts, as in the case of the episodes of cells H4 and F6 (infra Considering clauses No. 16.iv and 18.iii); iii) during the mutirão (joint collective activity), all the detainees were heard by a judge, a prosecutor and a defense counselor and none of them informed to have suffered sexual violence. Nonetheless, the State agreed to investigate the facts of that nature informed by the representatives during the public hearing, and iv) with respect to the violence facts occurred in cell H4 on August, 8, 2009, that was “another consequence of a management problem of the [penitentiary] unit.” The State informed that the prison guards found a chord connecting two cells and as punishment they decided to take away the television, which was in one of those cells from the detainees. As the guards did not leave any records of that fact, a member of the team of the subsequent shift returned the TV to the inmates, and that upset the prison guards who had removed it when they got back to work on the next day. When they tried to remove the TV again from the cell and before the detainees denial, “in an […] out of control act, [and] which shows insufficient technical training”, they initially shot non-lethal ammunition, thus generating a commotion in the Penitentiary and new gunshots from several points of the facilities. When the situation was again under control, a prison guard who was picking up the bullet cartridges was verbally provoked by a detainee and, “without control”, shot with deadly ammunition in the direction of cell H4. Consequently, four inmates were injured, including detainee F.F.G., who suffered serious injuries to the right hand. This beneficiary was examined by a physician, who prescribed physical therapy and set a subsequent appointment date in order to again examine the patient. 17. That with respect to the implementation of these provisional measures, the representatives admitted certain progress in the Prison control, but they stated that the advance is specific and it “does not reflect the State policy” yet. Despite the open competitive examinations for the hiring of new correctional officers, the state government allegedly entered into new temporary agreements for the positions of escort and penitentiary surveillance agents, without the open competitive examinations or the due training. Consequently, on August 3, 2009, the Ministerio Público [Office of the Public Prosecutor] filed a public civil action against the State of Rondônia in order to prevent temporary hiring on the grounds that they constitute illegal acts and they try to benefit the officers who already have temporary contracts. On August 18, 2009, the Judicial Power granted a precautionary measure in the scope of the above

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