5 8. That the State reported that the events that took place at the “Dr. Sebastião Martins Oliveira” Penitentiary (hereinafter, “the Araraquara Penitentiary”, “the Penitentiary” or “Araraquara”) on July 16, 2006 came about in a context of violence that first struck the previous month in the state of São Paulo. On May 12, 2006, a criminal organization coordinated riots in 74 penitentiaries, 19 of which were virtually destroyed; also, outside of the detention centers, attacks were perpetrated on police stations and other state buildings, and buses were set on fire. Among other consequences, such actions caused the destruction of housing for 25,000 prison inmates in the state of São Paulo. The Military Police took effective action to control the riots, with no fatal casualties to report. The riot of June 16, 2006 left the Araraquara Penitentiary virtually destroyed. The Penitentiary housed 1,200 inmates, who the State was already attempting to transfer to other prison facilities as a consequence of the May 12, 2006 riot. Given the crisis in the Sao Paulo prison system, it was impossible to transfer the inmates to other establishments right away; therefore, a decision was made to initially keep the beneficiaries at the annex of the Araraquara Penitentiary, as all cell doors and locks had been destroyed. 9. That, in order to start the reform at the Araraquara Penitentiary, the State transferred the beneficiaries to other prisons in a responsible, gradual manner, in groups of one hundred inmates each week, giving priority to inmates who were undergoing medical treatment, as per a schedule approved by the Judiciary of São Paulo and widely publicized by the Brazilian press. For the transfers, the State considered those detention centers which offered the best conditions for the inmates to serve their sentences; personal relocation requests, and proximity to the inmates’ families. On September 20, 2006, the transfer of all inmates was completed without any death or attack on the personal integrity of the beneficiaries. 10. That the Araraquara Penitentiary’s reconstruction and reform process was completed less than one year after the riot, and demanded an investment of USD 10 million. Currently, the Penitentiary operates within its capacity, housing 1,500 people. Of the 1,200 original beneficiaries, 732 are still detained in prisons in the State of São Paulo;6 54 remain in Araraquara, and the rest are housed in 72 other prisons. Brazil argued that it has ensured the protection of the life and physical integrity of the beneficiaries, even in the face of the extreme situation created by the riots in May and June of 2006, and that the situation which led to the adoption of these provisional measures has already ended. Lastly, the State provided the Court with lists containing the names of the beneficiaries, the facilities where they are currently detained, individual medical reports, and records of visitations to the beneficiaries, among other information. 11. That, lastly, as regards the beneficiaries’ current situation, the State expressed, inter alia, that all correctional facilities administrated by the Secretariat of Penitentiary Administration of the State of São Paulo (hereinafter, the “Secretariat of Penitentiary Administration”, or “SAP”) have a Social Reintegration and Health Care Center; that visitations by family members, attorneys and representatives were not suspended, but merely restricted as a result of the riot. As regards the investigation of 6 The State noted that 279 beneficiaries were released by a court order; 117 were placed in home confinement to serve the remainder of their sentences; 65 broke out of the centers where they were imprisoned; 1 was relocated to a different state in the Federation, and 6 passed away.

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