REPORT Nº 81/06
PETITION 39402
ADMISSIBILITY
PERSONS DEPRIVED OF FREEDOM AT URSO BRANCO PRISON, RONDÔNIA
BRAZIL1
October 21, 2006
I.
SUMMARY
1. On June 5, 2002, “Global Justice” and the “Justice and Peace Commission of the Porto Velho
Archdiocese” (hereinafter “the petitioners”) lodged a petition with the InterAmerican
Commission on Human Rights (hereinafter the “IACHR” or the “Commission”) against the
Federative Republic of Brazil (hereinafter “Brazil” or “the State”). This petition alleges that the
persons deprived of freedom at the “Casa de Detenção José Mario Alves”, known as “Urso
Branco” Prison in Porto Velho, in the state of Rondônia, Brazil, are living in violent and
dangerous conditions. According to the petitioners, the facts in the case establish violations of
the human rights guaranteed by the American Convention on Human Rights (hereinafter “the
Convention” or “the American Convention”) in its Articles 1(1), 4, 5, 8 and 25(1).
2. The Brazilian State contends that it has already made a number of systemic improvements
at the prison, including better medical and dental care and legal counsel. It argues that the
legal guarantees and juridical protection required under the Convention are being observed
and ensured in all the investigations being conducted into the deaths at the prison, and that
improving conditions at “Urso Branco” Prison is a matter of the utmost importance to the
Brazilian State.
3. After examining the petition and in accordance with Articles 46 and 47 of the American
Convention, the Commission has decided to declare the petition admissible regarding the
alleged violations of Articles 4, 5, 8 and 25(1) of the American Convention, in relation to the
obligations enshrined in Articles 1(1) and 2 of the same instrument. The Commission has also
decided to inform the parties of this decision, to publish it and to include it in its Annual Report
to the OAS General Assembly.
II.
PROCESSING WITH THE COMMISSION, PRECAUTIONARY MEASURES AND
PROVISIONAL MEASURES
4. On March 5, 2002, and in an addendum sent on March 12, the petitioners asked the IACHR
to seek precautionary measures from the Brazilian Government, in order to protect the lives
and physical safety of the persons deprived of freedom at “Urso Branco” Prison.
5. On March 14, 2002, the IACHR sent a request to the Brazilian State seeking precautionary
measures. Nevertheless, on April 17, 2002, the IACHR was informed that three more
beneficiaries had died at the prison.
6. Reasoning that the precautionary measures that the Brazilian State had adopted to ensure
the beneficiaries’ safety had been inadequate, on June 5, 2002 the IACHR turned to the
InterAmerican Court of Human Rights to request that it order provisional measures. The Court
ordered those measures on June 18, 2002.
7. On June 5, 2002, at the petitioners’ request and in accordance with its Rules of Procedure,
the Commission opened the case. The relevant information was forwarded to the State and
both parties replied in successive communications and filed evidentiary documents on a
number of occasions, which were, in turn, forwarded to the other parties.2
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Commission member Dr. Paulo Sérgio Pinheiro, of Brazilian nationality, did not take part in the deliberations or vote
on the present report, in accordance with Article 17(2)(a) of the Rules of Procedure of the Commission.
2
The State filed the Government’s Reports on the situation at the Casa de Detenção José Mario Alves, known as “Urso
Branco” Prison, in May 2002, on July 8, 2002, September 11, 2002, December 3, 2002, August 14, 2003, February 18,
2004, May 4, 2004, August 11, 2004, September 27, 2004, October 2004, December 2004, December 2, 2005,
February 2006 and April 2006. The petitioners filed their observations on the report on July 24, 2002, October 16,
2002, October 5, 2002, February 4, 2003, October 14, 2003, April 7, 2004, May 18, 2004, November 12, 2004, March
15, 2005, March 20, 2005, July 8, 2005, and December 20, 2005. On August 14, 2002, the petitioners presented
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