5 12. That it is worrisome that the imminent risk to the life and physical safety of the persons kept in custody could be posed by the state agents. In contrast with this, the State has failed to point out concrete measures in its writings which it would have adopted to put an end to the deaths and reported acts of torture, but it has confined itself to providing information on how it hired new prison guards and improved detention conditions. 13. That Brazil is the guarantor of, and is responsible for, the life and the physical safety of the inmates at the Urso Branco Prison, and is thus responsible for adopting all such measures as are necessary to protect them and it must refrain, under any circumstances, from acting in such a way that the life and physical safety of said persons is threatened in an unjustified manner. 14. That the Court observes that Brazil is a Federal State, and that the Urso Branco Prison is located in one of its federal units; this, however, does not excuse the State from fulfilling its protection obligations. The Tribunal deems that no substantial improvement has been evidenced regarding this issue in the six years during which these measures have been in force. The State must organize itself internally and adopt all such measures as are necessary, according to its political-administrative organization, to act upon these provisional measures. In that regard, the Court takes note of the request made by the representatives at the domestic level with regard to an intervention of the Federal Government into the prison system of the state of Rondônia. 15. That under the circumstances of this case, the measures adopted must include those aimed directly at protecting the rights to life and humane treatment of the beneficiaries, both among one another and with the state agents. Specifically, it is essential for the State to immediately take such action as is necessary to effectively suppress the risk of violent death and serious threat to physical integrity, preventing its agents to commit unjustified acts which threaten life and physical safety and forbidding torture at the prison under any circumstance. The following are essential measures to be implemented: a) to increase safety for prisoners; b) to confiscate the weapons kept by the inmates; c) to maintain State control of the prison with full regard for the human rights of the persons kept under custody. 16. That, for the foregoing reasons, this Tribunal considers that an extremely serious and urgent situation posing a risk of irreparable harm persists in the Urso Branco Prison, so it is appropriate to maintain in force the provisional measures under which the State is under a duty to protect the life and physical safety of all persons deprived of liberty at such prison and of all other persons in the prison.

Seleccionar párrafo de destino3