9
Ignacio J. Álvarez, legal advisor, and
Juan Pablo Albán, legal advisor.
for the petitioners seeking the provisional measures:
Andressa Caldas, Global Justice Legal Director, Global Justice Center;
Estrela Dalva Campos Amoedo, Coordinator of the Comissâo Justiça e Paz da
Arquidiocese de Porto Velho;
James Louis Cavallaro, Director of International Relations, Co-Director of the
Global Justice Center; and
Paulo Tadeu Barausse, Coordinator of the Justice and Peace Commission of
the Archdiocese of Porto Velho.
for the State of Brazil:
Tadeu Valadares, Ambassador, Director General of the Department of Human
Rights and Social Issues of the Ministry of Foreign Affairs of Brazil;
Francisco Soares Alvim-Neto, Ambassador of Brazil in Costa Rica;
María Cristina Pereira da Silva, Secretary, Diplomat with the Brazilian
Embassy in Costa Rica;
André Saboia Martins, Secretary, Interim Chief of the Human Rights Division;
Clayton Nunes, Director of the Prison Policy Department of the Ministry of
Justice;
Danielle Aleixo, Attorney with the International Legal Department of the Office
of the Attorney General of the Union/ Advocacia – Geral da União; and
Carolina de Campos Melo, International Advisory of the Special Secretariat on
Human Rights with the Office of the President of the Republic.
23.
The allegations made by the Commission at that public hearing, which are
summarized below:
a)
the State has not adopted the measures necessary to protect the lives
and personal safety of the inmates at Urso Branco Prison, as at least 24
inmates have died at that prison and dozens more have been injured during
the time the provisional measures ordered by the Court have been in effect.
Brazil has to implement immediate measures and adopt policies to prevent
crises and further acts of violence at the prison. The risk that new violent
events might break out is ever-present;
b)
the general situation at the prison has deteriorated and the State’s
“loss of control” is the same, which points up a certain “inertia on the State’s
part in being able to regain control and ensure [the] basic rights to all
persons in danger of being murdered”;
c)
at Urso Branco Prison, the safety of inmates and guards alike is not
being guaranteed; there are too few guards watching the prisoners.
Moreover, after 6:00 p.m., all guard personnel leave the interior of the
prison, enabling acts of violence and guaranteeing the impunity of the
perpetrators of such acts.
The conditions under which inmates are
incarcerated are contrary to the dignity of the human person and do not
conform to the minimum international rules on the subject. These conditions
have caused tension and suffering;