12 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.

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