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are committed and, on October 10, 2007, it had complied with its undertaking to
decommission the Complexo do Tatuapé by transferring the last inmates to better
units, closer to the residence of their parents or of those adults responsible for them.
In its last report, the State pointed out that as of August 29, 2008, of the original
1,803 beneficiaries, 102 remained deprived of their liberty in the Fundação CASA,
committed to the following confinement units: Casa Sorocaba, Internato Franco da
Rocha, Tapajós, Casa Cereja, IPIR, Internato Encosta Norte, Internato Vila Conceição,
Itaquera, Juquiá, Rio Sena, Rio Paraná, Rio Tocantins, Cedro, Jatobá, Nogueira, Vila
Leopoldina, Adoniran Barbosa, Nova Life, Paulista, Casa Mogi Mirim II, Internato
Jequitibá, Ribeiro Preto, Araçá, Rio Dourado, Três Rios and Itaquá. According to the
State, said units afford adequate living conditions, having the necessary infrastructure
and skilled staff. Likewise, the State provided the Tribunal with an individual report,
drawn up by professionals in the psychosocial, teaching, health and security areas, on
the treatment received by each of the 102 beneficiaries in the course of its complying
with the socio-educational measures. The State also filed data on the capacity of each
confinement unit and the number of adolescents currently in each of them, showing
that there was no overpopulation in the units concerned. Finally, it requested the
instant provisional measures to be lifted, inasmuch as the situation of extreme gravity
and urgency which gave rise to the adoption thereof no longer persists.
8.
That, likewise, the State informed that during the past three years it invested
more than seventy million dollars in building 36 new confinement units, with a
capacity to receive a total 2.208 inmates, thus preventing any Foundation unit in the
State of São Paulo from being overcrowded. It also underscored that the criminal
recidivism index of the adolescents having been submitted to socio-educational
measures in the Foundation, which stood at 29% in 2006, has been reduced and
currently stands at 17% of the young inmates. Likewise, the number rebellions in the
Fundação CASA units, which peaked at 80 incidents in 2003, went down to five
rebellions in 2007 and to only two in 2008. In any case, the State alleged that any act
of violence happening at the Fundação CASA is investigated forthwith by its
disciplinary and administrative body and that the staff members who are being
prosecuted are suspended in their duties and do not get to work directly with the
inmates until the investigation proceedings end. Concerning access by civil society
organizations to the Fundação CASA units, it asserted that on December 1, 2007,
when the new Regulations became effective in the Foundation, administrative decision
No. 90/2005 was set aside, thus allowing the representatives and other civil society
organizations full and unrestricted access to all confinement units.
9.
That regarding the latest events that would have taken place in other Fundação
CASA units, mentioned by the representatives in the public hearing (supra Having
Seen Clause Number Seven), the State informed that: a) the violence outburst that
took place in the Complexo Franco da Rocha on July 13, 2008 consisted in a conflict
between staff and inmates, which resulted in not only the adolescents, but also some
employees of the institution sustaining physical injuries. Likewise, concerning the
adolescent W.M.R., found lifeless in unit 21 of the Complexo Franco da Rocha in
February 2008, the State informed that the inmate was not a beneficiary of the
provisional measures and that his death resulted from attacks by other inmates; b)
the beneficiary R.R.S.B., who demised while confined in the Pirituba unit, had
psychiatric problems; that the police conducted an enquiry into this death and all