9
the reconstruction of the said Penitentiary. All centers that were in conditions
to receive the detainees were identified and the referrals commenced. Priority
was given to those persons suffering from medical conditions;
c)
at the Araraquara Penitentiary, there were 537 provisional detainees,
73 convicts serving sentence under a semi-open regime, and 986 convicts
serving sentence under a closed regime. The State submitted a list to the
Court identifying each of those persons and stating when and where they
were transferred;
d)
the referrals were made in the presence and under the supervision of
the members of the Judicial Power;
e)
the State submitted a list to the Court containing the names of all
detainees that have received medical assistance;
f)
in spite of the seriousness of the events, there were no detainees dead
or injured. In these two months there has been an attempt to runaway. For
this reason, the state agents shot rubber bullets, causing some minor injuries
to some of the detainees, but this situation is comprised within the
international standards for contention;
g)
the provision of products for personal hygiene and the legal advice
services to detainees have not been interrupted by the State, in spite of the
unfavorable circumstances surrounding the case;
h)
there is a criminal gang that acts within the Brazilian penitentiaries
that is being currently investigated in order to identify and punish their
leaders, specially for the damages caused to several penitentiary officers that
had been present at the moment the riots took place;
i)
furthermore, the State has adopted provisional measures in order to
avoid new riots similar to those that have already occurred. Such measures
involve the creation of a Gabinete de Gestión Integrada (“Mixed Management
Board”) integrated by members of the Judicial Power, officers from the Área
de Seguridad Pública (“Public Safety Area”,) officers from the Ministerio
Público (“Public Ministry”) and from the Fiscalía General del Estado (“State
Public Prosecutor’s Office”,)
j)
the representatives were prevented from accessing the facilities once
by safety reasons, but the State does not object that they may have access to
the beneficiaries of the measures; and
k)
as a consequence of the referrals made by the State, which is the
main objective of the provisional measures ordered by the President, the said
measures have been widely complied with. However, the State shall
voluntarily provide, for the term that the Court may deem convenient, all the
information that may be necessary regarding the situation of those detainees
that have been referred to other penitentiaries.
12.
The arguments of the Commission presented at the public hearing held before
the Court, wherein, in brief, the following was informed, to wit:
a)
the referrals constituted a great step on the part of the State towards
solving the situation;
b)
during an on-site visit made on September 20 to 22, 2006, which the
Commission decided to make in view of the extreme seriousness of the
situation and of the insufficiency of the measures that had initially been
adopted at domestic level, the members of the Commission visited the
Penitentiary of Serra Azul, where some of the detainees had been transferred
to. At that time, they interviewed 10 persons that had been detained in the
Araraquara Penitentiary. Such persons confirmed that they were not suffering
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