i)
the inmates are juveniles of 12-16 years of age who come from the
metropolitan region of the capital, Vitória, and are categorized by physical
build. As of August 25, 2011, the census was 34 juveniles;
j)
the old UNIS Crisis Committee is now called “Collegiate Management
Commission” (hereinafter “the Collegiate Commission”). This change resulted
in new procedures and practices within the Unit, such as the implementation
of the Disciplinary Assessment Commission, a Disciplinary Code of
Procedures, and the structuring of security protocols;
k)
on August 16, 2011, the State proposed the regulation of visits from civil
society organizations to the Inpatient Units;
l)
in 2011, the Office of Internal Affairs of the Socio-Educational Assistance Unit
ordered the withdrawal of 15 officials and the dismissal of 16 other officials
“allegedly involved in degrading practices”; 14 other officials also received a
warning; and 20 internal investigations were opened, conducted and directed
by the Attorney General and the Judicial Police; and
m) finally, Brazil invited “the President of the Tribunal and another Judge
designated by him” to visit the Socio-Educational Inpatient Unit in order to
meet with the inmates of that establishment, representatives from civil
society, and authorities responsible for the execution of the Pact for the
Improvement of Socio-Educational Assistance in the state of Espírito Santo.
8.
In relation to the implementation of the measures reported by the State, the
representatives of the beneficiaries observed, among other matters, that there is a
“great difficulty in accessing information on violations [that occurred in the UNIS].
The Office of Internal Affairs, the Attorney General, and the Public Ombudsman
[could] not provide consistent information on various complaints presented by the
[representatives]. They could not even manage to have access to reports of forensic
examinations [...] in relation to the cases investigated by the Office of Internal
Affairs of the UNIS.” Also, the announced procedures for the representatives’ visits
to the UNIS would represent a form of restricting access to the same and reducing
transparency because it would limit access to UNIS to only two civil society
organizations, thereby representing a step backward.
9.
The Commission, among other considerations, positively assessed the efforts
undertaken by the State and the improvements in detention conditions in
comparison with the situation in 2009.
10.
The Inter-American Court assessed the various initiatives put forth by the
State with the aim of implementing the timely-ordered provisional measures and
improving the situation in the Socio-Educational Inpatient Unit. In particular, this
Tribunal notes the adoption of the inter-institutional agreement which establishes
actions aimed at developing responsible institutions - which are ongoing - as well as
the creation of a procedural protocol for the socio-educational assistance of
juveniles.
Additionally, the Tribunal highlights the implementation of training
activities aimed at various officials, the substantial diminution of the UNIS
population, and the improvement of its physical installations. Finally, the Court
takes note of Brazil’s invitation (supra Considering clause 7(m)) for a visit to this
inpatient center.
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