6 the partial takeover order of December, 2008, are not suitable for human permanence and, therefore, they should not house inmates; iii) the construction of the Ariquemes Penitentiary shall not reduce the population of Urso Branco, as it shall only receive the population of the internal region of the state of Rondônia. As to the construction of other detention centers, they pointed out that the State failed to submit specific data on these projects, such as the term set forth for their operation startup; iv) during the visit of August, 2009, the representatives could verify that the detainees had only one physician who attended twice a week; two dentists who exchanged shifts and only in the morning, one nurse and a nursing technician who worked on a daily basis. On the other hand, several problems have continued, such as the lack of access to water, inadequate feeding, precariousness of personal hygiene items and mattresses and lack of workrelated and educational activities. Of the new yards mentioned by the State, only one was fit to be used. Furthermore, even though the construction of said yards has been completed, the frequency of exposure to sunlight shall continue to be limited due to the low number of security agents. As to visits, these take place regularly, from Friday to Sunday. Legal advise is provided by two interns and two legal advisors, but there is no counselor working at the prison; v) a report of May, 2009 issued by the Procuraduría General de la República [State Attorney General] section in Rondônia regarding the situation of Urso Branco, among other aspects stated that: a) the structural problem of the penitentiary system remains unsolved; b) the steps taken by the State government after the request of federal takeover had no practical effects; and c) the decrease of the prison population at the Urso Branco Prison is transferring the overcrowding problem to other penitentiaries in Rondônia; and vi) on September 22, 2009, the Fiscalía de Ejecución Penal [Penal Enforcement Public Prosecutor’s Office] forwarded an official note to the government of the state of Rondônia denouncing the precariousness of the present situation at the Penitentiary. 9. That with respect to the reports of the State and the observations of the representatives, the Commission, among other considerations, emphasized that: i) it assesses positively the overcrowding reduction at the Urso Branco Prison as a consequence of the judicial orders and other actions of the domestic legal system, such as the joint collective activity (in Portuguese, “mutirão”) to review the judicial situation of the detainees. Despite the above mentioned reduction, the Penitentiary “continues to have a high degree of overcrowding”, which constitutes a latent risk factor in violence situations. On the other hand, the State process of investment in the penitentiary infrastructure in order to decrease overcrowding is still in its first stages and the situation at the prison calls for urgent measures; ii) the so called “celões” (large cells) continue to operate despite of the judgment of December, 2008, which ordered their improvement and specifically set forth that they should not be used until their reconstruction was completed. The Commission stated that inmates must be immediately transferred to a place in better conditions while the above mentioned cells are redeveloped;

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