16.
The request filed by the Inter-American Commission for the Court, based on
the facts mentioned and according to Article 63(2) of the Convention and Article 27
of the Court's Rules of Procedure, to order Brazil to:
a)
implement security measures to protect the life and physical integrity
of the people confined at the Internment Facility;
b)
provide the UNIS with sufficient and trained security personnel to
prevent the occurrence of new violent acts;
c)
adopt adequate measures to separate children and adolescents
according to their age, type of offense, personal background, and other
standards focusing on the best interest of the child;
d)
present an updated list of the names, ages, legal situations, and units
at which each one of the children and adolescents, inmates at UNIS, are
located, and
e)
take the necessary actions to ensure that the confinement conditions
are compatible with the minimum standards of hygiene and health.
17.
The observations and information presented by the State regarding the
measures adopted to protect the life and integrity of the adolescents, inter alia:
a)
regarding the lack of separation of adolescents according to their age,
seriousness of the offense, body build, or level of risk, the State
“acknowledged the difficulty in accommodating the adolescents according to
strict standards and indicated that it is trying to accommodate the young
people from 17 to 21 years old, in one part of the facility, and the inmates
whose resocialization process is more complex, in another part of the
center;
b)
regarding the alleged prolonged isolation of some inmates, "that
model cannot and has not been applied. The adolescents placed in the
Despertar Units I, II, and III, in no way remain isolated or deprived of
contact with other inmates and family members or of their rights to
participate in educational activities [or] other activities outside of their place
of accommodation”;
c)
“in a context in which several adolescents, many of whom have a
background of violence and social vulnerability, are deprived of liberty,
situations like fights, riots, and escape attempts are not only possible, but
probable.” Considering the abovementioned, the State intervenes by taking
pedagogical preventive measures, and where necessary, restraint measures;
d)
regarding the use of weapons inside the facility, it informed that the
officers of UNIS are not allowed to use lethal weapons and that their use is
restricted to the police in the event of a grave disruption of the internal
order. Moreover, it emphasized the existence of a specific group of officers
who are trained to deal with situations of risk, in order to avoid the use of
police force. Lastly, it informed on the preparation of a project addressed to
regulate the control mechanism of situations of risk and serious crisis and
the use of lethal and non-lethal weapons;
e)
regarding the investigation into the alleged acts of violence that took
place inside the facility, Brazil informed that it is acting with due diligence,
by establishing administrative procedures, initiated based on the complaint
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