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intervene to ensure compliance with the provisional measures since the
Rondônia state authorities are not well versed in such measures.
25.
The arguments made by the State at that public hearing, where it reiterated
its “steadfast intention to collaborate” in the implementation of these measures.
Those arguments are summarized below:
a)
the State acknowledged that despite government efforts, the goal of
reversing the unacceptable situation at the prison has not been achieved.
Representatives of the judicial branch of government, of the Public
Prosecutor’s Office, and of the Ombudsman’s Office have visited the prison
and periodic inspections are done there under the supervision of the Public
Prosecutor’s Office and the Brazilian Bar Association. The Director of the
National Prisons Department (DEPEN) has made visits to the prison. Also,
meetings have been held with high-ranking local authorities. With those
authorities, more than 50 inmates have been interviewed. During the visit
made by the Director of the National Prisons Department (DEPEN) on April 21
and 22, 2004, the uprising was settled and subsequent operations were
monitored.
New cells have been built and “safe” inmates have been
transferred to protect their lives. The federal intervention that the petitioners
seek is regarded as a measure of last resort;
b)
the Federal Union and the state of Rondônia recently signed
agreements for creation of two prison facilities; tenders have been put out for
the two facilities. Construction of one prison unit is planned for the first
quarter of 2005, which will open up 200 new vacancies;
c)
some measures that the petitioners mentioned are being implemented.
Recently, conversations were held with the Inter-American Commission and
the petitioners with a view to enhancing the Special Commission of the
Council for the Defense of Human Rights, which was established in January
2003. Moreover, the National Prisons Department (DEPEN), working in
partnership with the state of Rondônia, has promoted a social service to
monitor performance of the inmates’ sentences;
d)
a number of projects are underway to benefit the prison population,
drawing upon the assistance of ministries and other offices. In May 2004,
264 prison guards received training and will be placed in various units
throughout the state of Rondônia. Brazil also made reference to a number of
legislative reforms and advances that it expects to implement; and
e)
the Rondônia State Attorney’s Office is endeavoring to establish the
identity of those responsible for the events that transpired in 2002, and has
filed a complaint concerning the deaths that occurred in January 2002. That
Office was slow to bring the complaint because meticulous work had to be
done in order for the complaint to satisfy the evidentiary requirements as to
authorship and materiality.
26.
The documentation that the petitioners presented during that public hearing,
which consists of photographs taken at Urso Branco Prison after the April 2004
uprising.