times. In January 2005, a number of persons deprived of freedom were diagnosed with
malaria. In partnership with the National Health Foundation (Fundação Nacional de Saúde
FUNASA), the Porto Velho prison units were externally sprayed, which controlled the spread of
malaria. A Health Fair was held on February 22, 23 and 24, and was attended by 492 persons
deprived of freedom.
33. As for the legal counsel provided to the persons deprived of freedom, the State pointed out
that in addition to the Moving Justice Project – a project conducted in 2004 and 2005 to
address their legal situation – another project keeps public defenders representing persons
deprived of freedom in “Urso Branco” prison, in constant contact with the Public Prosecutor’s
Office and the courts.
34. In sum, the Brazilian State asserts that it is firmly committed to the “Casa de Detenção
José Mario Alves” and that all measures necessary to bring it in line with international
standards were either already taken or are in progress. As for the deaths that occurred inside
the prison, the State contends that all measures necessary to identify and convict the guilty
parties are being taken in accordance with the American Convention on Human Rights and
Brazilian domestic law.
IV.
ADMISSIBILITY
35. During the processing of the petition with the Commission and of the provisional measures
requested to the Court, the petitioners and the State filed successive reports concerning the
precautionary measures, the provisional measures and the case of “Urso Branco” Prison, to
update the information reported in the complaints.
36. As for the nature of the facts in the present case, to exclude from this admissibility report
the facts as alleged by the petitioners would be irrational and contrary to the object and
purpose of the American Convention. In this report, the Commission addresses each of the
facts alleged thus far by both parties.
A.
Competence rationae personae, rationae materiae, rationae temporis,
andrationae loci
37. In accordance with Article 44 of the American Convention and Article 23 of the
Commission’s Rules of Procedure, the petitioners, as legally recognized nongovernmental
organizations, have standing to lodge petitions with the Commission alleging violations of
rights protected under the American Convention. Furthermore, Brazil is a party to the
Convention since September 25, 1992, and is therefore internationally accountable for
violations of it.
38. The Commission regards as alleged victims in this case those persons who have been
affected by conditions at the “Casa de Detenção José Mario Alves”, known as “Urso Branco”
Prison, at anytime during the period from 2001 to the present.17 The Commission includes
among the alleged victims in this case anyone who died at the prison since November 3, 2000
to the present.
39. The Commission has competence rationae materiae by virtue of the fact that the petition
alleges violations of human rights protected by the American Convention in Articles 1(1), 4, 5,
8 and 25(1). The Commission is competent rationae temporis because the violations alleged
were said to have occurred when the obligation to respect and ensure the
Conventionprotected rights was already in force for Brazil, in other words, subsequent to
September 25, 1992. The Commission is competent rationae loci because the facts allegedly
occurred within the territory of the Federative Republic of Brazil, a country that ratified the
American Convention.
B.
Admissibility requirements
Attached is the list identifying the dead by name and the status of the court inquiries or police investigations, which
is based on information provided by both parties.
17
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