13 24. That Brazil is the guarantor of the life and physical integrity of the inmates of the Urso Branco Prison. Therefore, it has the duty to adopt all the measures necessary to protect them and it must refrain, under all circumstances, from acting in such a manner that the life and physical integrity of said persons are injured in an unjustified way. 25. That under the circumstances of the instant case, the measures that are adopted must include those directly oriented to protect the rights to life and physical integrity of the beneficiaries, both in their relationship among themselves and with the State agents. Particularly, it is indispensable that the State continues to immediately adopt the measures necessary to completely eradicate the risks of violent death and serious attempts against physical integrity, preventing its agents from committing unjustified acts against life and physical integrity. * * * 26. That with regard to the investigations and proceedings instituted due to the facts of violence and the detention conditions at the Penitentiary, the State pointed out that in November 2008, at the seat of the Comisión Especial del Consejo de Defensa de los Derechos de la Persona Humana (Special Commission of the Defense Council of the Rights of the Human Person, hereinafter the “CDDPH”), created in 2004 to supervise the implementation of these provisional measures, a Subcommittee was constituted in order to monitor the development of the police investigations and the judicial and administrative proceedings. Furthermore, a system of process verification was created through a webpage, so that any person interested could follow-up the development of the police and administrative investigations related with the Urso Branco Prison. Additionally, the State, inter alia, expressed that: i) there are approximately 78 police investigations in progress before the Delegacia Especializada em Delitos Cometidos no Sistema Penitenciário (Police Department Specialized in Crimes Committed within the Penitentiary System, hereinafter “Penitentiary Crimes Department”). Of the 102 existing criminal processes, eighteen have been completed, ten of them with an acquittal and eight with a conviction. In the aggregate, eleven persons were convicted. Likewise, there are fifteen disciplinary administrative processes before the Corregedoria-Geral da Secretaria de Justiça de Rondônia (Judicial Administrative Department of the state of Rondônia) for alleged facts occurred within the premises of Urso Branco. From all of them, seven have been completed and three entailed the application of punishments to the investigated civil servants. Furthermore, there are approximately fifty civil actions for damages for facts which took place at Urso Branco; ii) as to the facts occurred in January 2002 at the Penitentiary which ended with the death of 27 people, the State pointed out that seventeen defendants shall be prosecuted in a jury trial (in Portuguese, “Tribunal do Júri”), expected to take place in February, 2010, which shall be broadcasted live over the Internet. As to the other four defendants, the case file has been set aside and the proceedings thereof continue regardless of the former; iii) as to the facts which took place in April, 2004, the Ministerio Público [Office of the Public Prosecutor] filed a criminal complaint against 42 defendants

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