5
event which generated the intervention of the fast action team, which began
to shoot rubber bullets. The youngsters began to jump from the roof. Some of
them got hurt with the fall, other were bitten by dogs, threatened and
attacked once the situation was already under control. On January 27, 2006,
Ron Cesar Mustafá de Souza, of sixteen years old, died because of serious
injuries caused by other inmates during a football game. The investigations
on the facts are being conducted by the FEBEM magistrate and the 81st Police
Precinct of São Paulo. The actions by the security agents of both the support
team and the fast action team are many times claimed by the inmates as
continuous actions of violence against them;
d)
the lack of control in the direction of the confinement units and the
deterioration of the minimum conditions for the fulfillment of the social and
educational measures are present in great part of Tatuapé Complex. There is
no routine, discipline or programming developed by the technical body in
these units. In many units the inmates have taken over and they decide
which activities to perform. In the same context, there is a hierarchical
classification among the adolescents. According to that division, in most
cases, the adolescents considered vulnerable are victims of sexual abuse and
beating, and they render small services and favors to those referred to as
“leaders”;
e)
the lack of medical, psychological and psychiatric follow-up of the
adolescents, plus the lack of pedagogic, sportive, recreational and religious
activities, and the lack of visits of their next of kin generate a dissatisfaction
and tension environment which contributes to the worsening of the
confinement conditions, and to the risk to life and personal integrity of the
adolescents, and
f)
the meeting held on December 16, 2005 (supra Having Seen clause
No. 3), with the presence of delegates of the Inter-American Commission,
unfortunately did not come to a successful result.
7.
The observations made by the Inter-American Commission on Human Rights
(hereinafter “the Commission” or “the Inter-American Commission”) of March 6,
2006, in which, inter alia, it expressed that:
a)
the continuance of the violence acts and incidents not yet cleared up,
including the death of Roni César de Souza, as well as the continuous lack of
security and control, show that the State has not satisfactorily fulfilled its
obligation to prevent attacks against life and personal integrity of the children
and adolescents deprived from liberty at Tatuapé Complex, and that it has not
adopted the security measures indispensable to prevent the violent incidents
within the compound under protection;
b)
the treatment given to the inmates by the security personnel would be
in evident conflict with every obligation by the State under the American
Convention;
c)
the State has not informed on the number, training, shift distribution
and working conditions of the personnel which is to take care of the internal
custody of the institution and which is in direct contact with the detainees. It
is clear that the lack of equilibrium between the number of officers in charge
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