the lack of control on the part of the State,” as some inmates were wounded
in riots occurring between the months of April and June 2011;
d) the inmates are not separated according to their physical build or the
seriousness of the crimes committed, “which places the humane treatment of
the weakest and most passive inmates at risk”;
e) distinct from the State’s report, the inmates reported that during the riot
which occurred on June 6, 2011, the penitentiary agents from the Espírito
Santo state Department of Justice “[had] entered into the Unit armed and
ascertained that [the inmates] had gone to the end of the patio [under
threats].” Also, two juveniles were subjected to the “necktie” (hanging)
practice on the part of the agents, which caused them to lose consciousness.
Furthermore, they indicated that the forensic examination was undertaken 16
days after the alleged beatings, which “prevent[ed] any conclusions on the
part of the expert”;
f) the inmate J.S., of 13 years of age, alleged to have suffered “very serious
abuses [and] tortures” during the period in which he was committed to the
UNIS, resulting “in [an] undeniable state of mental illness.” In that regard,
J.S. was committed in January 2011 and was transferred to the ward on four
occasions owing to the beatings and sexual violence visited upon him by other
inmates and guards, including his having been shackled in the “the ‘Jesus
Christ’ position when he was in [...] Ward C of the UNIS.” The psychological
report issued on April 1, 2011 reported that “the symptoms that J.S. exhibits
in this period are indications of the violence endured by this adolescent during
his commitment.” Presently, J.S. is committed in the UNIS. An identical
situation occurred with another juvenile, J., who was “hanged in his cell
almost until the point of losing consciousness”;
g) the State has not managed to control the entrance of weapons into the UNIS.
Iron bars are regularly found in the juveniles’ possession;
h) the State has not been able to bring criminal charges against the officials
accused of beating or torturing the inmates. There have been no “convictions
of any State agents for poor treatments in the UNIS”; and
i)
the representatives identified 27 beneficiaries of provisional measures from
February 25, 2011 who were transferred to new inpatient facilities and who
“suffered abuses in their new places of custody.” In that regard, they
affirmed that the transfers represent one of the principal means adopted by
the State in response to the Tribunal’s Order. As those young victims of
abuse continue in a situation of extreme gravity and urgency, they requested
that the Court assess the situation of these beneficiaries transferred to other
inpatient centers who have suffered threats or acts of violence.
14.
Moreover, the representatives declared that the State has not complied with
the terms of the Tribunal’s Order of February 25, 2011 and that its actions have not
been “sufficient, effective, or adequately implemented to protect the life and humane
treatment of the juveniles committed in the UNIS.” They argue that the conditions
of extreme gravity, urgency, and the need to avoid irreparable harm persist, and
thus requested the continuation of provisional measures.
Furthermore, “a
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