10
any retaliation as a consequence of the riot that had occurred in the
Araraquara Penitentiary. They further stated that they were receiving the
same treatment as that given to the persons that were originally detained in
Serra Azul;
c)
furthermore, during the on-site visit, state authorities declared, in
interviews with the members of the Commission, that the events occurred
within the penitentiary system of the state of San Paulo were “extremely
chaotic,” and that the said events were characterized by the lack of
supervision and control and a deficient administration;
d)
the members of the Commission heard the stories told by the
detainees about the excessive and unnecessary use of force by the military
police task force after control had been regained and rioters had surrendered;
they also heard about abuses by the masked security agents who monitored
the detainees from the observation tower of the Araraquara Penitentiary, such
as the shooting of rubber and, sometimes, lead bullets;
e)
there are at least one hundred persons, previously detained in the
Araraquara Penitentiary, that suffer from HIV/AIDS, some of them are
terminal patients suffering from pneumonia and tuberculosis;
f)
the investigations that the State must carry out have to be focused on
determining those responsible for the actions taken by the State agents
(abusive and unnecessary use of force) to repress the riot;
g)
the next of kin were not officially notified about the new location to
which the detainees had been referred. The list containing such information
was posted on one of the Penitentiary’s walls after the request had been
made by the Commission in that respect;
h)
it is necessary that the State provide detailed and updated information
about the following:
i.
the situation of the beneficiaries in each of the 35 penitentiaries
whereto they had been transferred, particularly if they had suffered
retaliation by the security officers;
ii.
the situation of the more than 100 detainees who are ill or
injured as well as the medical treatment administered in each case;
iii.
the manner in which the next of kin and the representatives of
the beneficiaries shall be secured access to the detainees;
iv.
the manner in which the coordination between the federal and
the state governments shall be secured so that the measures stated by
the Order by fulfilled.
13.
The arguments and the documents submitted by the representatives at the
public hearing held before the Court, wherein they stated, in brief, the following:
a)
there had been restrictions for the representatives to access the
Araraquara Penitentiary, in spite of the contacts that had previously been
made with state authorities in order to guarantee access to the detainees;
b)
the referrals were made to penitentiaries that were already
overpopulated, exceeding their capacity over 50 %, as is the case of the
Mirandópolis Penitentiary and the Penitenciaría II de Presidente Venceslau (“II
Penitentiary of President Venceslau”.) Therefore, the State must inform about
the detention conditions that the beneficiaries are currently subject to;
c)
there were acts of retaliation addressed to the inmates when they
were still detained in the Araraquara Penitentiary. During the referrals, the
beneficiaries were compelled to walk on pieces of glass and materials that had
been destroyed during the riots. They were also beaten;
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