11.
In this regard, the Court notes the actions taken by the State to reform and
build new detention facilities in the State of Pernambuco, the creation of multilateral
forums for discussion, the development of proposals for improvements and monitoring
of the implementation of the precautionary measures, as well as cooperation
agreements between the State and federal governments in order to improve the
medical care in prisons, combat alleged acts of torture and mistreatment, improve the
management of the prison system as a whole and the security conditions specifically
within the Curado Complex. However, the Commission noted that such efforts have not
been sufficient given that the problems have worsened and allegations of serious
violence and of deaths and murders have persisted since the adoption of precautionary
measures in 2011.
12.
Brazil stated that the reported problems are being handled by the State and,
therefore, indicated that provisional measures would not be necessary. The State
presented arguments about it fulfilling the precautionary measures and indicating that
it has not refused to comply with the Commission’s recommendations or to report to it.
The State asserted that it did not fail to carry out all the necessary and specific efforts,
by way of its various government agencies, to reduce cases of violence. These actions
demonstrate the good faith of the State in compliance with the Commission’s
precautionary measures.
13.
However, the Court notes that given the information provided by both the
Commission and the State, it is clear that there is a situation of extremely serious risk
and urgency and the possibility of irreparable harm regarding the rights to life and
personal integrity of the inmates and those present at the Curado Complex.
Specifically, the high number of violent deaths and complaints of serious allegations of
torture within the prison facility throughout 2013 and early months of 2014. Likewise,
the State itself acknowledged the existence of more than 1,180 suspected cases of
tuberculosis and 35 suspected cases of leprosy among approximately 2,900 inmates in
Presídio Juiz Antonio Luiz Lins de Barros (PJALLB).
14.
In this regard, the Court considers that the measures adopted by the State to
date, including the “mutirões” of reported health care, are not enough to protect the
life and physical integrity of the inmates at the Curado Complex. In relation to cases of
communicable diseases, the State must take urgent measures to ensure adequate
medical care to sick individuals and also to ensure that the other inmates and persons
within that prison are not infected.
15.
As the Court has noted on prior occasions, the State has an obligation to take
steps to protect and guarantee the right to life and personal integrity of those deprived
of liberty and to abstain, under any circumstance, from acting in such a way that
affects the life and integrity of said individuals. In this sense, the obligations which the
State as guarantor inevitably must assume include the adoption of measures that favor
upholding a climate of respect for the human rights of those deprived of liberty,
avoiding the presence of weapons in the hands of the inmates within the
establishment, reducing the overcrowding, ensuring minimum detention conditions are
compatible with their dignity, and providing trained personnel and in sufficient
numbers to ensure adequate and effective control, custody and surveillance within the
prison.12 Furthermore, given the nature of prisons, the State must protect prisoners
from the violence that in the absence of State control, can occur between inmates. 13
12
Cf. Matter of Penitentiary Center of the Central Occidental Region (Uribana Prison). Request for
10