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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