5
transferred last in order not to affect the administrative investigation
conducted to identify and sanction those responsible for the riot.
d)
regarding the fourth issue to be resolved (submit an updated list of all
inmates, stating data regarding their identity and admission date, possible referral
and release, as well as any changes that may occur in the inmates population,) the
State submitted a list of all inmates subject to a closed detention regime, a list of
those having a semi-open regime and those who are provisionally detained; and
e)
lastly, the State informed that an administrative investigation was
commenced in order to identify and punish those persons that were involved in the
riots.
7.
The brief submitted by the representatives of the beneficiaries on September
11, 2006, after an extension had been granted for its submission, informing that the
report submitted by the State is insufficient and incomplete and does not make
reference to all the requests made by the President in the Order of July 28, 2006.
Representatives alleged, inter alia, the following:
a)
regarding the first issue to be resolved (to protect the lives and physical
integrity of all the persons that are deprived of their liberty and are detained in the
Araraquara Penitentiary, as well as to protect the lives and physical integrity of those
persons that may be admitted in the future as prisoners or detainees, and to regain
the control over such penitentiary:)
i.
the situation that led to the adoption of the Order for urgent measures
of July 28, 2006 has remained the same since June 16, 2006, date on which
the doors were locked and welded; therefore, over 1,300 persons are
unprotected, isolated from the outer world, not having any contact, not even
with the Penitentiary agents;
ii.
there are denunciations stating that inmates have been beaten,
physically punished and that their rights have been restricted, for example,
the failure to receive letters sent from their next of kin;
iii.
the State has not confirmed or proved that it regained control over the
Penitentiary. Furthermore, the State failed to inform about the actions taken
to remedy the situation of isolation of inmates. Neither did the State justify
the delay in the completion of the improvements that would allow the
reparation of the traditional locking mechanisms, the opening of the facilities
doors and the restatement of contact between the inmates and the
penitentiary agents;
iv.
the military police task force entered the Penitentiary using large
caliber weapons, dogs and shields. There were shootings aimed at the
detainees that would have been made by the security forces that wore masks
and were stationed at the observation tower of the Penitentiary, who have
been called “ninjas” by the inmates. The actions of the military police task
force and the shootings by the masked security forces have increased the
tense atmosphere among the detainees, thus, the hypothesis of a new riot
cannot be disregarded;
v.
several inmates were shot with rubber bullets and show the respective
marks on their bodies, that is why the representatives request the competent
authorities that the said inmates be examined and that the existence of such
marks be officially registered;
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