6
(Juízo Corregedor) concerning complaints of violations to the physical integrity of
the adolescents by officials are ineffective. Of the 192 disciplinary actions filed
since 2003, only two resulted in the sanction of the officials found responsible, and
148 were closed, despite various complaints and the existence of evidence of
violations that had occurred in the Tataupé Complex, and totally contrary to the
laws of Brazil.
6.
The briefs with the observations of the Inter-American Commission on Human
Rights (hereinafter “the Commission” or “the Inter-American Commission”) of August
10 and October 6, 2006, and February 9, April 12 and June 8, 2007, on the third,
fourth, sixth, seventh and eighth reports of the State. In their brief of October 6, 2006,
the Inter-American Commission presented a summary of the visit made to the CASA
Foundation Tataupé Complex on September 20, 2006, during the official mission of the
Rapporteur on the Rights of Persons Deprived of Liberty. These briefs state, inter alia,
that:
(a) Regarding the protection obligation: the unresolved incidents and the violent
acts that resulted in injuries to numerous adolescents and officials, and in the
death of Ricardo Pereira Cunha; the permanent lack of security and control; the
violent treatment meted out to the inmates by security personnel; the notorious
disproportion between the number of children and adolescents detained and the
guards, which has meant that police personnel take part in tasks related to the
security of the Complex; and the absence of information on how the officials are
trained and prepared to attend to and deal with adolescents in conflict with the law.
The foregoing reveals that the State has not complied satisfactorily with the
obligation to prevent the attacks on the life and personal integrity of the inmates of
the Complex;
(b) Regarding the obligation provide humane treatment to the young detainees:
the State has failed to make any mention of possible investigations or sanctions for
the acts of violence perpetrated by the personnel of the establishment against the
children and adolescents deprived of liberty. Nor has it adopted any specific
measure to prevent the children and adolescents detained in the Tatuapé Complex
from being subjected to cruel, inhuman or degrading treatment, including
prolonged confinement and physical abuse; in addition, there are the restrictions to
family visits and precarious hygiene and physical detention conditions;
(c) Regarding the specific obligations imposed by the Court in relation to the
security of the establishment:
i.
(Reduction of overcrowding): during the visit made by the Rapporteur on the
Rights of Persons Deprived of Liberty of the Inter-American Commission on
September 20, 2006, the administration of the CASA Foundation advised that
667 young people were interned in the Complex. With the exception of
detention unit 04, all the units housed fewer adolescents than their capacity.
However, the Commission was informed that two or more inmates had to share
one mattress or a single bed, owing to the scarcity of these items;
ii. (Confiscation of weapons): the Inter-American Commission considered that
the State should exclude the Military Police from taking part in the searches,
because this security corps is not appropriately trained to deal with child and
adolescent detainees. However, it noted with concern that the CASA Foundation
support group and the Rapid Intervention Group participated in the searches,
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