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the prison is a “state of war.” The petitioners receive many telephone calls
from inmates’ relatives who are concerned for their safety now that they can
no longer visit them;
b)
some 40% of the prison’s installations were destroyed in the most
recent riot in April 2004. Conditions at the prison have become even more
deplorable, inhuman and foul. The petitioners contend that certain measures
must be taken immediately, among them the following: segregation of
inmates in preventive detention from those who have already been convicted;
an immediate reduction in the number of inmates; and an increase in the
number of prison guards to a minimum of 15 per shift. As for the use of
discipline and punishment, a number of stories reveal that assaults, torture,
electric shock sessions and reprisals continue to follow on the heels of the
visits by agencies and organizations and that the “tampão” cell was in use
even before the riot;
c)
they fear that another riot may break out; according to what they
have been told informally, a guard, police officer, journalist or one of the
petitioners seeking the provisional measures would be taken as a hostage.
Even the prison police and guards contact the petitioners to tell them of their
fear of being taken hostage;
d)
the list of inmates submitted by the State does indicate those that
have been convicted and those who are in preventive detention; so that the
list could be used to separate the inmates, not just on paper but physically as
well. The State did not mention whether that segregation is planned and if
so, whether it will be effected immediately. The petitioners also requested
the creation of a disciplinary committee so that qualified persons might
monitor the situation in the prison close-up;
e)
the State has not fully complied with the measure involving the
obligation to investigate the facts so as to identify those responsible and
punish them accordingly. Only one person has been convicted for the death
of an inmate and only two inquiries or proceedings implicate public officials as
either directly or indirectly culpable in the 76 deaths that occurred in the
prison between May 2001 and April 2004. Furthermore, although the police
investigation phase should last no more than three months, the police inquiry
prior to the complaint brought by the Office of the Rondônia State’s Attorney
concerning the 27 deaths that occurred in January 2002, lasted 30 months;
and
f)
concerning verification of compliance with the measures, only the
Justice and Peace Commission does on-site visits to the prison; it sends the
information collected during the visits to the State, even though the latter
formed a special commission for that purpose. The petitioners argue that the
Inter-American Commission should make a visit in loco; that the Court should
convoke another public hearing to examine compliance with the provisional
measures and that Brazil must be asked to deploy a task force to check
compliance with the measures. The petitioners argue that because the
situation at the Urso Branco Prison is so dangerous, it is not enough to simply
establish and maintain the Special Commission of the Council for the Defense
of Human Rights. The petitioners believe the federal government should