the provisional measures, the Court must determine whether or not the situation of
extreme gravity and urgency that led to their adoption persists, or if there are new
circumstances, equally grave and urgent, which merit their maintenance. Any other
issue may only be brought before the Court through the corresponding contentious
cases.5
a) Implementation of the provisional measures
7.
Regarding implementation of the provisional measures, the State reported on
the actions agreed through the “Agreement for the Improvement of SocioEducational Assistance in the State of Espírito Santo and Compliance with the
Provisional Measures,”6 among other aspects:
a)
the inmates are accompanied and assessed by the technical team of the Units
and the authorities of the justice system, who safeguard the maintenance and
progress of the socio-educational measure applied, so that each inmate
receives a comprehensive diagnosis and an individual care plan;
b)
when inmates enter the socio-educational system, and when necessary, they
are provided with legal assistance, information concerning the reason for their
detention and concerning the legal proceedings against them;
c)
implementation began of the Inter-Institutional Procedures of the SocioEducational System, which helps the institutions that comprise this system to
perform the daily tasks of providing assistance to the adolescents;
d)
the Inter-Institutional Commission of the Espírito Santo Socio-Educational
System, which monitors the Agreement for the Improvement of SocioEducational Assistance, was established permanently;
e)
the Institute of Socio-Educational Assistance of Espírito Santo (hereinafter
“IASES”) began to install a video and monitoring center at the institute’s
central office in order to improve control over the operation of the Units, in
which have video cameras and constant monitoring;
f)
the juvenile courts were decentralized to other regions of the State of Espírito
Santo in order to process adolescent offenders in the region in which they are
detained;
g)
between August and November 2011, 419 employees of IASES received
training on topics such as ethics, violence and assistance for adolescents,
among others. In addition, several training courses and seminars were held
for the professional qualification of the employees;
h)
on January 23, 2012, representatives of the Judicial Branch, the Public
Prosecutor’s Office, the Ombudsman’s Office and the Secretariat of Public
5
Cf. Matter of James et al. Provisional Measures regarding Trinidad and Tobago. Order of the
Inter-American Court of Human Rights of August 29, Considering paragraph 6, and Matter of Martínez
Martínez et al., supra note 3, Considering paragraph 7.
6
Cf. Matter of the Socio-Educational Internment Facility. Provisional Measures regarding Brazil.
Order of the Inter-American Court of Human Rights of September 1, 2011, Considering paragraph 7.
3