14
on July 26, 2009. The process is at summons stage so that the defendants may
present their defense;
iv)
the death of inmate L.C.S., in December, 2007, is also being investigated
by the Jefatura de Crímenes Penitenciarios (Penitentiary Crimes Department);
v)
as to the alleged torture against W.R.X. in August, 2008, a criminal
action was instituted and, after the preliminary hearing held on September 2,
2009, the file has been concluded and is awaiting judgment to be passed by the
competent judge;
vi)
a criminal action was instituted for the alleged torture of sixteen
detainees in cell F6 and the case file is in the stage of preliminary proceedings,
and
vii)
as to the violence facts against four detainees of cell H4, the
corresponding investigation is being processed before the Jefatura de Crímenes
Penitenciarios (Penitentiary Crimes Department). Furthermore, the civil servant
involved in said facts has been suspended and is undergoing a disciplinary
administrative process.
27.
That Brazil has further informed the publication of the judgment regarding
Public Civil Action No. 001.2000.012739-7, filed by the Ministerio Público [Office of the
Public Prosecutor] against the state of Rondônia. Among other provisions, the
judgment ordered reforms at Urso Branco and the hiring -through an open competitive
examination- of correctional officers within set forth terms. On the other hand, in
response to what had been requested by the Court, the State added a list with the
persons dead at the Prison since 1998 to its report elaborated by the CDDPH
Subcommittee, based on the following documents: a) the first 23 counter-reports of
the representatives in the scope of these measures; b) a report by the Ministerio
Público [Office of the Public Prosecutor] of Rondônia of 2008; c) the Admissibility
Report No. 81/06 approved by the Inter-American Commission with respect to case
No. 12,568; d) the reports of the Jefatura de Crímenes Penitenciarios (Department of
Penitentiary Crimes) dated March 23 and September 15, 2009; e) the order of May 7,
2008, regarding the facts occurred at the Penitentiary in January, 2002, and f) the
criminal complaint dated June 30, 2009 filed by Ministerio Público [Office of the Public
Prosecutor] of Rondônia regarding criminal investigation No. 057/2004. Finally, it
informed that the Secretary of Justice elaborated an identification album of the
employees who at present work at the Urso Branco Prison and it shall elaborate a
similar album with pictures of the agents who worked at the Prison in the past in order
to help in police investigations.
28.
That the representatives pointed out that in the investigation for the death of
beneficiary L.C.S., the police report concluded that said crime was allegedly committed
by a public agent. As to the investigation of the torture suffered by W.R.X., there was
no photographic recognition of the responsible party because the Secretary of Justice
failed to provide the records of Urso Branco personnel, but the corresponding criminal
action was filed against a correctional officer. As to the investigation for the alleged
torture of the sixteen detainees of cell F6, the respective criminal action was filed, the
first part of the preliminary hearing in the context of said proceedings was held on
November 18 and 19, 2009, and the continuance thereof was postponed until March
18, 2010. Furthermore, an investigation is also being conducted with respect to the
alleged coercion suffered by the abovementioned inmates, ascribed to some of the