6
vi.
the number of Penitentiary agents in actual service is small and
inadequate. The representatives alleged that the agents complained about
bad working conditions and low salaries; and further, that they feel unsafe
and are scared due to the threats by criminal gangs in the Penitentiary. All
this would be an obstacle for the restatement of order and respect for the
human rights of the beneficiaries;
b)
regarding the second issue to be resolved (to allow access to medical staff, to
relocate those who suffer from contagious diseases and to provide both in terms of
quantity and quality, all the food, clothes and products for personal hygiene that may
be necessary:)
i.
there is no medical assistance for the ill inmates, many of them suffer
illnesses or medical conditions that are severe, such as hepatitis B and C,
ulcers, HIV/AIDS, umbilical hernia, auricular infections, eye infections and
severe hemorrhoids. The inmates themselves provide the medication to those
ill inmates.
ii. the food is prepared by inmates in another section of the Penitentiary and
is sent to the beneficiaries through the same channel used for transporting
waste. Pieces of glass and have been found in the food and roaches wings in
the water. Beneficiaries do not have basic materials for their hygiene, the
number of toilets is well below the adequate, taking into account the number
of detainees; and a great number of inmates have to sleep on the floor and in
the open air;
c)
regarding the third issue to be resolved (to substantially reduce the
overcrowding, to divide inmates into different categories and to allow inmates to be
visited by their next of kin:) and the fourth issue to be resolved (submit an updated
list of all inmates, stating data regarding their identity and admission date, possible
referral and release, as well as any changes that may occur in the inmates
population,):
i.
in the list sent, the State failed to inform about the inmates that were
transferred or released after the Order of the President of July 28, 2006. This
information is important because other detention centers are in the same
conditions as the Araraquara Penitentiary, thus, a mere referral of the
inmates to those facilities does not solve the situation;
ii.
a significant number of inmates subject to a semi-open detention
regime are detained under a closed regime;
iii.
the State has made it difficult for the representatives to access the
Penitentiary and did not allow their visit at all on September 8, 2006;
iv.
visits from next of kin are prohibited since the last riot, and no
information is available regarding the restatement of such visits. The inmates
do not have contact with their defense attorneys either; and
d)
regarding the fifth issue to be resolved (investigate the facts that have given
rise to the adoption of the measures,) the representatives informed that the State
did not make any reference to the proceedings that might have been commenced in
order to determine those responsible for the conditions to which the beneficiaries are
subjected, and made a mere reference to the investigation commenced in order to
punish those inmates that had taken part in the riot occurred on June 16, 2006.
8.
The brief of the Commission submitted on September 12, 2006, by means of
which it considered that the information submitted in the report filed by the State did
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