7
e)
with the aim of overseeing compliance with the provisional measures
ordered by the Court, members of the NGO Global Justice Center (Centro de
Justicia Global) visited the Urso Branco Prison on July 15, 2002. On July 16,
2002, at dawn, as reprisal for said visit, all the prisoners who were in the cells
that were visited by members of the Global Justice Center were brutally
beaten and gravely tortured by penitentiary agents and military police. These
facts are a violation of the inmates right to humane treatment and,
furthermore, their effect is to intimidate them to stop them from providing
information on the grave situation at the prison; and
f)
the problem of overcrowding at the Urso Branco Prison has worsened
because it continues to receive prisoners every week from the Central Police
Station.
For the aforementioned reasons, the Commission requested that the Court maintain
the provisional measures ordered, that it convene a public hearing, and that it order
the State to:
a)
immediately begin a serious and effective investigation to determine
criminal and administrative responsibilities and to punish those responsible
for tortures committed on July 16, 2002 against the inmates who supplied
information to members of the Global Justice Center on the situation at the
Urso Branco Prison;
b)
report to the Court the names of all penitentiary agents and military
police who were at the Urso Branco Prison on July 16, 2002;
c)
adopt effective measures to ensure the right of the inmates at the
Urso Branco Prison to freely communicate with members of the organizations
that receive information regarding the provisional measures ordered by the
Court, without this having ulterior consequences;
d)
report to the Court the number and names of inmates at the Urso
Branco Prison who have been convicted, as well as the number and names of
those detained without a conviction;
e)
report whether the prisoners who have and have not been convicted
are separated;
f)
submit specific information on the other facts mentioned in the brief
with observations on the Report submitted by the State and in the attached
report; and
g)
report to the Court on the measures adopted with the aim of
complying with the provisional measures ordered by the Court.
CONSIDERING:
1.
Brazil has been a State Party to the American Convention since September
25, 1992 and pursuant to Article 62 of the Convention, it recognized the obligatory
jurisdiction of the Court on December 10, 1998.