7
not comply with the minimum standards that would allow an adequate follow-up of
the protective measures that had been ordered. This being so because there is no
information regarding the urgent and immediate actions that the State had to adopt,
and also because the information submitted regarding the current situation of the
beneficiaries of these measures is superficial and not detailed and is not duly
supported by evidence. All the foregoing prevents the Commission from making any
objections in such respect. The Commission further stated, inter alia, the following:
a)
regarding the first issue to be resolved (to protect the lives and physical
integrity of all the persons that are deprived of their liberty and are detained in the
Araraquara Penitentiary, as well as to protect the lives and physical integrity of those
persons that may be admitted in the future as prisoners or detainees, and to regain
the control over such penitentiary:)
i.
the State acknowledges that the unit where hundreds of beneficiaries
are deprived of their liberty does not have the minimum decent conditions
and that the State does not provide security nor control over the open yards
in the Araraquara Penitentiary;
ii.
in spite of the fact that the State has affirmed that the interventions of
the military police are being performed respecting the individual rights of the
inmates, the Commission stated that there are contradictory versions
regarding the violence used in said interventions. There also exist several
records evidencing the abusive use of force, including massacres perpetrated
during the intervention of said task force in detention centers in the state of
San Paulo;
iii.
the State has not complied with its obligation to open the doors at the
place where the beneficiaries are detained so that the security agents may
have access. Neither has the State complied with the immediate and effective
adoption of all measures that are necessary to protect the rights to life and to
physical, psychological and moral integrity of the beneficiaries so that they
may enjoy decent detention conditions. There are still unacceptable detention
conditions in the Araraquara Penitentiary, there are no state agents and there
is an impending risk to suffer serious and irreparable damage;
iv.
regarding the referrals made by the State, the criterion adopted of
transferring first those inmates that had not been involved in the riot, and
then subsequently transfer those who had indeed participated in the event,
might indicate that keeping the latter under such inhumane detention
conditions would be a retaliation for their participation in the riots that have
occurred. Likewise, in case the schedule that the State informed is completed,
it would take almost ten weeks or two and a half months to solve the
situation at the Penitentiary, without any parallel immediate actions being
taken in order to regain control and guarantee the safety 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:) the medical staff assigned to the Penitentiary does not have direct
access to the beneficiaries. Furthermore, in spite of the fact that the State has
informed about the delivery of medicines for the inmates, this does not constitute a
sufficient degree of medical attention to protect life and integrity;
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
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