16
21.
That, even though the Court considers the referral of the beneficiaries that
the State has made (supra Having Seen clause No. 11) as something positive, it is
necessary for the State to specifically inform the Court about the conditions under
which such referrals were made. The State must also inform about the conditions of
the penitentiary centers to which the beneficiaries have been referred, as well as the
conditions of their installations and their total population. The State must further
inform about the security of the beneficiaries, their access to adequate medical
assistance and food and about the situation of those persons that are allegedly
seriously ill, injured or those that have allegedly been shot as a consequence of the
use of means of contention. The aforesaid must be accompanied by supporting
medical-legal examinations. Likewise, the State must inform about the division of the
inmates into different categories such as convicted prisoners and detainees pending
criminal trial, and about the access to their next of kin and representatives.
22.
That the State has the duty to immediately and officially inform next of kin
about the referrals and relocation in other penitentiary centers of those persons
deprived of their liberty that are beneficiaries of the instant measures.
23.
That the State must immediately and effectively adopt all measures
necessary to secure to those persons for whose benefit on July 28, 2006 the
adoption of protection measures was ordered while they were detained in the
Araraquara Penitentiary in order to protect their right to life, physical, mental and
moral integrity and their right to enjoy decent detention conditions irrespective of
the detention center where they are currently detained. The aforesaid must
contemplate the management and treatment of persons deprived of their liberty with
a strict respect for human rights, avoiding unduly violent acts by the state officers,
particularly during possible referrals, and providing access to medical staff to give
the necessary assistance, particularly to those suffering from contagious diseases or
those who are suffering from a serious medical condition; and further, detention
must be without overcrowding, respecting the division of inmates into two
categories: convicted prisoners and detainees pending criminal trial, and respecting
the right to have access to the next of kin and defense attorneys.
24.
That the Court appreciates the statements submitted by the State in the
sense that it does not object that representatives may have access to the
beneficiaries of the measures (supra Having Seen clause No. 11.) In that respect,
the Court considers that the State has to provide the necessary means so that the
human rights advocates, who are the representatives of the beneficiaries of the
instant measures, may freely do their job, since the same constitutes a positive
contribution that supplements the efforts by the State in order to protect the rights
of the persons under its jurisdiction.10
25.
That the State informed about the existence of an on-going administrative
investigation in order to determine the responsibilities related to the riot of June 16,
2006, and the damage caused to the state officers that were present in the
Araraquara Penitentiary during such riot. In that respect, in view of the duty of the
10
Cf. Matter of Monagas Judicial Confinement Center (“La Pica”). Provisional Measures, supra note
5, Considering clause No. 14; Matter of Mery Naranjo et al. Provisional Measures. Order of the InterAmerican Court of Human Rights of July 5, 2006, Considering clause No. 8; and Matter of the Forensic
Anthropology Foundation. Provisional Measures, supra note 9, Considering clause No. 19.
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