7
9.
The writ of the representatives of April 5, 2006, in which they informed about
a mutiny which took place on April 4, 2006, with the result of “at least 32 people
injured.”
10.
The observations of the representatives of May 10, 2006 and their
Appendixes, whereby, inter alia, they expressed that:
a)
regarding to operative paragraph No. one, mistreatment against
inmates still persists. The representatives have received claims by the
inmates regarding alleged physical and psychological assault by FEBEM
officers;
b)
regarding to operative paragraph two, the signs of aggression
mentioned in several reports are innumerable. Said signs have been
investigated by the Magistrate or Auditor and they resulted in the removal
from their offices of some of the officers involved in such acts. However,
intimidation and threats are evident means of retaliation to such claims. The
continuance of riots and other episodes denote the lack of control on the part
of the State. During a visit, it was possible to see that the inmates spent
whole days confined in their cells, without the proper hygiene and habitability
conditions. Also, they reported that the State has not been capable to
overcome the poor conditions of sanitation and hygiene;
c)
regarding to operative paragraph No. three, the classification of the
inmates within the Complex is inadequate. During several visits, it was
confirmed that some inmates need medical attention which has not been
provided, and they are not given the medicine they need for the treatment of
chronic diseases;
d)
regarding to operative paragraph No. four, at no time were the
representatives invited to participate in the planning and implementation of
the measures. They have faced several difficulties to enter the units of
Tatuapé Complex, and
e) regarding to operative paragraph No. six, some investigations on the
deaths of adolescents within the Complex have been instituted without finding
the responsible parties, while other have not had significant progress.
In the same writ, the representatives requested the extension of these provisional
measures in favor of Mrs. Conceição Paganele, based on the fact that an
investigation has been opened against her for injuries, incitement to crime, and
organization of gangs and escapes. They also pointed out that there are other two
police investigations against her, in order to investigate the rebellions at Tatuapé
Complex which took place on November 23, 2005 and on April 4, 2006. Finally, they
pointed out that she has received many life-threatening telephone calls. All of it as a
retaliation for denouncing human rights violations allegedly occurred at FEBEM.
11.
The brief of the Secretariat of the Court (hereinafter “the Secretariat”) of May
18, 2006, whereby it made observations to the Commission and the State regarding
the request to extend the provisional measures in favor of Conceição Paganele.
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