7
convicted inmates were housed separately from those who had not been
convicted; and
d)
with regard to the investigation into the facts that necessitated
adoption of the provisional measures so as to identify those responsible and
punish them accordingly, which includes the investigation into the serious
events that occurred subsequent to the Court’s issuance of its June 18 and
August 29, 2002 orders and more than two years after the deaths that
occurred in 2002, the State merely reported that it has again requested the
Prosecutor’s Office to investigate those deaths; however, “it does not report
whether any investigation has been instituted or what the current status of
the requested investigation is”;
19.
The May 18, 2004 brief in which the petitioners presented their observations
on the State’s sixth report of May 4, 2004 (supra ‘Having Seen’ 17). Summarizing,
the petitioners pointed out that:
a)
the State did not act with due diligence when the April 2004 riot broke
out. It was not until 24 hours after the start of the uprising that the
Government of the State of Rondônia designated a coordinator for the Crisis
Management Team. This shows that the local government is not prepared to
take the lead in dealing with a riot about which it was warned by the
petitioners several months earlier, and then by the press and relatives of the
inmates. According to the petitioners, the presence of the Director of the
DEPEN was essential in bringing about an end to the riot. However, “the help
came very late; 14 inmates had [already] been executed and more than half
the area under construction at Urso Branco Prison had been destroyed.”
Concerning the hostages, when the riot ended, representatives of the Justice
and Peace Commission spoke with the women who had been taken hostage.
According to the petitioners, “[m]any of them” said they were not hostages;
instead, they were collaborating with the inmates, as they did not approve of
the treatment the inmates were given;“[o]ther women” stated that they were
threatened that if they left the prison their relatives would be the first to die;
b)
the measures Brazil has taken “are not an energetic and effective
solution” to the very grave situation at Urso Branco prison, as they cannot
provide immediate and effective protection for the lives and personal safety of
the prisoners and other persons inside the prison, such as prison guards and
visitors. The petitioners allege that no concrete measures are being taken to
reduce the extreme tension between the inmates and the State agents
working in the prison; the petitioners cannot identify any effective measures
being taken to adjust conditions at the prison to conform to the relevant
international standards for the protection of human rights;
c)
as for the situation at the prison in the wake of the riot, a number of
inmates were transferred to other prisons and 30 inmates were selected by
the other inmates to form “free cells,” working outside the cells on cleaning.
The prisoners designated as “free cells” were the very same prisoners who
led the riot. According to the petitioners, between April 23 and May 4, 2004,
not a single military police officer or prison guard entered the cellblock area,
which remained under the control of the inmates. Effective April 28, 2004,
the number of military police was reduced from 100 to 30, thereby making it
even more difficult for any prison personnel operating inside the cellblocks to