9
for the adoption of provisional measures. Regarding the administrative
proceeding against officers for mistreatment in detriment of the inmates, only
three out of the twenty filed by the State refer to events which took place
within the Complex, and all of them were set aside due to insufficient
evidence.
In the same writ of observations to the second report of the State, the Commission
presented its remarks regarding the request to extend the provisional measures
submitted by the representatives (supra Having Seen clause No. 10), and it pointed
out that such a request and the information provided are valid, reason for which the
provisional measures should be extended for the benefit of Mrs. Paganele.
13.
The writs of the Commission and the representatives of June 5, 2006 and
their Appendixes, where they informed on the death of young detainee Ricardo
Pereira Cunha, of 17 years old due to multiple injuries with cutting and thrusting
weapons afflicted by several other inmates of unit 12 of Tatuapé Complex.
14.
The note of the Secretariat of June 6, 2006, in which, following instructions
given by the President of the Court, the State was requested to provide information
–in its next bimestrial report- regarding the circumstances of the death of Ricardo
Pereira Cunha, the steps taken in order to investigate the facts and the measures
taken to avoid that the same are repeated.
15.
The third State report, dated May 19, 2006, and its Appendixes, whereby,
inter alia, it pointed out that:
a)
at present, the Tatuapé Complex houses 1,190 adolescents
(information updated as of May 2, 2006), and it has a capacity to hold 1,256;
consequently, there is no overcrowding. The Complex is being gradually
cleared;
b)
five new psychiatrists have been hired and a selection process for the
hiring of five new general practitioners has begun;
c)
out of the 1,190 inmates, 1,134 are registered and attending classes
of primary and secondary level;
d)
the State keeps on working in the disarticulation of Tatuapé Complex.
Twenty-two units are being built;
e)
there has been a significant decrease of episodes of rebellions, escapes
and riots within the Complex, which allowed to protect the physical integrity
of the youngsters;
f) FEBEM continues to adopt several measures to reinforce the Complex
security. In March and April, several revisions of the units were performed. At
present, the Complex has a total number of 231 duly trained security agents
to control the security within the Complex, and that has been useful to seize
weapons eventually in the adolescents possession;
g)
as a result of the pedagogic and disciplinary activities at FEBEM, 289
adolescents were removed from confinement. FEBEM keeps on implementing
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