6
of the custody and the number of inmates prevents the complete fulfillment of
the function of control and care of the latter. It is necessary to immediately
increase the number of officers and provide training to the security staff;
d)
the State report does not include a list of concrete actions directed to
guarantee the inmates protection; it only describes a series of plans that the
state government has designed, most of which are still pending;
e)
the State has not provided information on the measures taken to
prevent the adolescents detained at Tatuapé Complex from being subjected
to cruel, inhuman and degrading treatment, and
f)
the State shall adopt the necessary measures to guarantee the
effective participation of the representatives of the beneficiaries during the
process and implementation of the provisional measures.
8.
The second report of the State of April 5, 2006 and its Appendixes, by means
of which, inter alia, expressed that:
a)
regarding to operative paragraph No. one, during January and
February, 2006, there were no rebellions or riots, although there were four
runaways in which thirteen adolescents escaped, out of which nine were
recaptured. Despite the decrease in the number of episodes, FEBEM continues
to perform several searches in the units and to increase the number of
security agents. Despite these measures, on the night of January 20, 2006,
Ronie César Mustafá de Souza was assaulted by several other inmates and
died at the Emergency Center of Tatuapé Complex;
b)
regarding to operative paragraph No. two, as admitted by the
representatives, mistreatment has decreased. Also, every complaint is duly
analyzed and investigated, and the possible liable parties are removed from
their offices and sanctioned;
c)
regarding to operative paragraph three, Tatuapé Complex at present
has a lower population than its capacity: 1,312 adolescents (information
updated as of February 28, 2006), who are duly classified according to their
age, repetition of offense, offense committed and seriousness of the offense.
Furthermore, the inmates receive 24-hour technical assistance by
psychologists and social workers, as well as health care within the Complex
by two general practitioners, two psychiatrists, four nurses, forty-six nursing
assistants and six dentists. By the end of March 2006, five additional general
practitioners and five additional psychiatrists shall be available;
d)
regarding to operative paragraph No. four, from January to February,
2006, the representatives visited Tatuapé Complex on several occasions;
e)
regarding to operative paragraph No. five, the list of inmates confined
in the Complex updated to February 28, 2006, was attached, and
f)
regarding to operative paragraph No. six, the investigations regarding
the deaths of Ronie César Mustafá de Souza and Jonathan Vieira Anacleto are
still being conducted, as well as the disciplinary proceeding regarding to the
civil servants accused of mistreatment.
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