10
the Social and Educational State Plan and other pedagogic activities within the
Complex;
h)
FEBEM applies the Internal Rules and Regulations in order to keep
disciplinary control. Also, it has a Permanent Supervisor who investigates the
officers activities and, whenever there are signs of irregularities, the latter are
removed from their offices, and
i)
regarding the construction of the Experimental Health Unit for the
attention of adolescents with behavior disturbance, it is expected to be
finished by August 2006.
16.
The observations by the State of June 12, 2006 regarding the request to
extend the provisional measures (supra Having Seen clause No. 10), whereby, after
two postponements, it expressed that:
a)
the State has tried to keep direct contact with Mrs. Paganele through
the assistants of the international area and the National Protection Program of
Human Rights Defenders of the Special Secretariat of Human Rights, but Mrs.
Paganele has decided not to meet them;
b)
administrative proceeding No. 2820/05 regarding the alleged threats
against Mrs. Paganele was instituted at FEBEM. In that context, she was
summoned three times to appear and give her statement on the facts, but
she “remained unjustifiably inert”, which resulted in the setting aside of the
proceeding;
c)
the Court must not accept the request for extension due to the lack of
sufficient evidence. The imposition of such a measure leads to the need of
minimum evidence, which is not shown in the request. “In this sense, by
means of the evidence submitted, it seems that for the time being, there are
no elements to accept the request of the petitioners and the [Commission];”
d)
regardless of any decision by the Inter-American Court, the State has
taken provisions to make findings concerning the alleged threats, and
e)
regarding to the investigations against Mrs. Paganele, the Commission
acts hurriedly when it requests that the State is commanded to “refrain from
using its police and judicial structure in order to question the actions
developed by Mrs. Paganele for the benefit of the addressees of these
measures”. The State considers that the Commission should address the
observance of the due process of law in the conduction of the investigation.
The State has the right to investigate every person, as long as there are sings
of materiality and perpetration of a certain criminal conduct. If the signs turn
into concrete elements of evidence or, on the other hand, if they result in
facts fabricated with the deliberate purpose of persecution, only the
investigation shall reveal so.
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