4
5.
The briefs with the observations of the representatives dated July 14,
September 8 and November 7, 2006, and January 22, March 22 and May 29, 2007,
and the appendixes, in which the representatives described the information obtained
during 14 visits to the Complex between May 2006 and May 2007. In these briefs, the
representatives presented their observations on the third, fourth, fifth, sixth, seventh
and eighth reports of the State, indicating, inter alia, that:
(a) Regarding the obligation of protection, the mistreatment of the adolescents
persists, because, during the visits, many inmates were found to have injuries.
Many of the young people had skin diseases and other ailments, and had not yet
received proper medical care. Some of the inmates reported the use of psychiatric
medicines, questioning the need for them and the effects. The absence or
insufficient number of pedagogical and sports activities, and professional training
courses was verified. The adolescent, Ricardo Pereira Cunha was found dead, with
signs of having been beaten with a sharp instrument. Four inmates confessed to
having committed this act. Furthermore, attacks on forty, twenty-one, twelve,
two, eight and two other adolescents, respectively, were reported in the six briefs
with observations submitted by the representatives. Some young people have
been taken to units that are not covered by the provisional measures, where they
suffered physical punishments and were subsequently returned to the Tatuapé
Complex. The decommissioned detention units have been used to punish the
adolescents and to place them in isolation.
(b) Regarding the obligation to provide humane treatment:
i.
(Torture, lockdown (“tranca”), and uprisings): from May 2006 to April
2007, the practice of torture and prolonged imprisonment was applied
extensively in the Complex. An increase in the verbal threats against the
inmates was verified. The uprisings triggered within the Complex reveal the
limited control exercised by the State in the administration of the CASA
Foundation. As a result, security agents have intervened with violence in the
institution and the so-called “collective lockdown” has been. This has been
applied to the adolescents for much longer periods than permitted by the
Internal Regulations of the CASA Foundation; at times complete isolation
has lasted a total of 31 days. There are no pedagogical activities during the
lockdown period. Since the representatives are always accompanied by
CASA Foundation officials during their visits, the inmates are afraid to report
what has happened in the institution;
ii.
(Restrictions to family visits): the time allowed for family visits has been
reduced as a means of punishing the adolescents. The adolescents still
complain about how CASA Foundation officials treat their families. Moreover,
the resources to finance the expenses of visits, granted by the government
of the state of São Paulo to families who live within this state, are
insufficient. Telephone communication is also being obstructed, and
iii.
(Habitability conditions): the State has been unable to improve the
appalling safety and hygiene conditions of the units. There is a very limited
supply of articles of clothing and hygiene. The food provided is of an
extremely poor quality and frequently insufficient;
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