6
the facts, a proceeding was initiated to look into the possible involvement of
penitentiary officers in the riot. Such investigation found no conclusive evidence of
officers being involved, and identified 67 inmates who took part in the events; these
inmates were subjected to a preliminary proceeding that led to the transfer of the
movement’s leaders and the application of the appropriate legal penalties. As regards
the issue of prison overcrowding, Brazil stated that this is a problem that calls for
medium- and long-term action on the part of the State, and that the situation became
much worse after the riots of May and June 2006. However, it pointed out that, in less
than one year, almost all prison beds were recovered and the Araraquara Penitentiary
was completely rebuilt. Moreover, “the [SAP] is implementing a plan for the
construction of 44 new correctional facilities between 2008 and 2011”, to create the
capacity to house 41,000 new inmates, which “will help put an end to prison
overcrowding in the state [of São Paulo];”
12.
That the representatives noted that, in spite of the improvements at the
Araraquara Penitentiary, which has become a model facility, the information provided
by the State is not sufficiently clear to allow an analysis of the current situation of the
beneficiaries at the detention centers to which they were transferred. They expressed
that the State merely transferred the inmates to other penitentiaries, and that the
provisional measures at issue here were ordered to protect certain persons, which is
why they should continue to do so irrespective of the facility they are detained at, as
long as they remain in the State’s custody. The information provided by the State
regarding the number of detention centers and which specific detention centers some
of the beneficiaries were transferred to is inconsistent and outdated, as verified
through the representatives’ visits to some prisons. Also, they are unaware of whether
such new transfers were notified to the beneficiaries’ next of kin.
13.
In addition, the representatives provided specific information regarding some
of the prisons to which certain beneficiaries were transferred,7 and noted that the
number of health professionals in some of them is insufficient, that there are problems
with family visitations, food-quality problems, and problems with the supply of clothes
and hygiene products, among other issues. As to the subject of overcrowding, they
noted that the State failed to indicate the capacity of the prisons to which the
beneficiaries were transferred and the number of inmates currently housed at said
prisons. They pointed out that the number of inmates housed in São Paulo prisons
increases on a daily basis, and the State’s sole response has been to promise to have
new detention facilities built. In this regard, the representatives provided information
which apparently points to overcrowding in certain prisons. Lastly, as regards the
investigation of the facts, they noted that the State was aware of the inhumane
detention conditions at the Penitentiary prior to the 2006 riots. Accordingly, arguing
that an administrative investigation concluded that the corrections officials were not
responsible for the events that took place at the Penitentiary is not an admissible
justification. Moreover, no investigation was conducted either into the responsibility of
state officers for the inhumane and degrading conditions to which the beneficiaries
were subjected while locked in the Araraquara yard. Lastly, the representatives
7
The representatives provided information regarding the Pacaembu, Araraquara, Lucélia, Avaré,
Itirapina, Riolandia, Junqueirópolis and São José do Rio Preto prisons; such information was obtained by
way of visits to said facilities and/or from the files of cases No. 008/2007 and No. 23/2007 of the
corrections authority, pending before the Court of Criminal Enforcement of Tupã, São Paulo.