5 transferred last in order not to affect the administrative investigation conducted to identify and sanction those responsible for the riot. d) regarding 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,) the State submitted a list of all inmates subject to a closed detention regime, a list of those having a semi-open regime and those who are provisionally detained; and e) lastly, the State informed that an administrative investigation was commenced in order to identify and punish those persons that were involved in the riots. 7. The brief submitted by the representatives of the beneficiaries on September 11, 2006, after an extension had been granted for its submission, informing that the report submitted by the State is insufficient and incomplete and does not make reference to all the requests made by the President in the Order of July 28, 2006. Representatives alleged, 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 situation that led to the adoption of the Order for urgent measures of July 28, 2006 has remained the same since June 16, 2006, date on which the doors were locked and welded; therefore, over 1,300 persons are unprotected, isolated from the outer world, not having any contact, not even with the Penitentiary agents; ii. there are denunciations stating that inmates have been beaten, physically punished and that their rights have been restricted, for example, the failure to receive letters sent from their next of kin; iii. the State has not confirmed or proved that it regained control over the Penitentiary. Furthermore, the State failed to inform about the actions taken to remedy the situation of isolation of inmates. Neither did the State justify the delay in the completion of the improvements that would allow the reparation of the traditional locking mechanisms, the opening of the facilities doors and the restatement of contact between the inmates and the penitentiary agents; iv. the military police task force entered the Penitentiary using large caliber weapons, dogs and shields. There were shootings aimed at the detainees that would have been made by the security forces that wore masks and were stationed at the observation tower of the Penitentiary, who have been called “ninjas” by the inmates. The actions of the military police task force and the shootings by the masked security forces have increased the tense atmosphere among the detainees, thus, the hypothesis of a new riot cannot be disregarded; v. several inmates were shot with rubber bullets and show the respective marks on their bodies, that is why the representatives request the competent authorities that the said inmates be examined and that the existence of such marks be officially registered;

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