b) Situation of Risk in the Socio-Educational Inpatient Unit
11.
The State affirmed that between April 25 and April 26, 2011 there were no
reports of incidents “that subverted the order inside the UNIS,” with the exception of
an event which occurred on June 6, 2011 consisting in an aborted attempt to riot in
the Awaken III module. The riot attempt ended without injuries and the Collegiate
Commission followed procedures, including the conduct of a forensic examination.
The State also submitted information on various efforts engaged to reduce the risk of
violence within the UNIS, comparing the present situation with that of 2009 when
the Inter-American Commission adopted precautionary measures in this matter. The
State further affirmed that there still “exist some deficiencies [in relation] to the full
enjoyment of human rights, [but] the local authorities were capable of preventing
and responding to the rights violations.” Furthermore, the State indicated that UNIS
“is under the control of the State” and requested the rescission of provisional
measures because the circumstances of “gravity and urgency that led to the need for
the intervention of the Inter-American Court” no longer persist.
12.
The State also reported that the Public Ombudsman creates monthly reports
on the situation in the UNIS. In its last report, the Ombudsman stressed that there
had been complaints of poor treatment, but when compared to previous reports,
progress was evident. The Attorney General also generated reports of its own. In
those created during the month of May, June, and July 2011, a survey of UNIS
inmates indicated that 83% of the juveniles agreed that their behavior had improved
since they entered the UNIS, while 17% responded in the negative. When they were
asked if “they suffered violations of their rights, such as tortures or poor treatment
on the part of officials,” 61% said “no” and 39% responded “yes.” When they were
asked if “they suffered violence in the UNIS on the part of other inmates,” 73% of
the juveniles surveyed said “no” while 27% responded in the affirmative.
13.
Regarding the acts of violence occurring in the UNIS subsequent to the
adoption of provisional measures, the representatives reported the following, among
other matters:
a) During the last six months, 84 cases of abuse were reported involving
juveniles committed to the UNIS, including “premeditated tortures in which
[officials] shackled the juveniles in painful positions as an illegal and summary
form of disciplinary sanction, numerous cases of [...] beatings of the juveniles
at the hands of agents, violence among the juveniles, and injuries to them
during uprisings.”
Among those complained of, 50 referred to abuses
committed by state confinement agents, also known as the “men in black.”
The origin of the majority of the complaints is found in reports from public
entities such as the Public Ombudsman of Espírito Santo state;
b) the Espírito Santo State Ombudsman’s report regarding its UNIS visit on July
5, 2011 reported that 13 inmates “confirmed [that they] have suffered some
type of beating [and] only one of them reported to have been the victim of
[the conduct of the other] socio-educational patients”;
c) the disciplinary measures “continue to be implemented in an arbitrary manner
through the use of illegal sanctions; also, there are complaints [...] of the
excessive use of detention in isolation and excessive [periods of]
confinement.” They affirmed that “the violence between inmates also shows
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