Grupo de Escolta Tática Prisional [Tatica Prison Guard Group] would enter
the UNIS at dawn, using pepper spray, and undressing the adolescents,
pouring cold water on them, and beating them;
c)
that, in the last months of 2010, the following events took place:
i)
on November 12, 2010, a riot broke out in the "Despertar"
units, and a homicide attempt took place during a fight
between inmates of unit 2;
ii)
on December 13, 2010, a riot broke out in which several
inmates climbed to the roof of the Facility;
iii)
On January 31, 2011, before an escape attempt, external
security agents of UNIS entered the Facility and assaulted the
adolescents; as a result, five of them were injured and were
taken to the Department of Legal Medicine for a forensic
examination. According to the explanation given by the
responsible authorities of the Facility, there was an escape
attempt and, therefore, external security agents had to enter
Wing C, which provoked the confrontation with the
adolescents. However, from the stories of the adolescents, it
appears that the injuries they suffered were inflicted on their
backs, thereby raising doubts as to the alleged confrontation.
iv)
On February 1, 2011, an adolescent was injured by other
inmates in Despertar Unit I; another riot broke out due to the
lack of medical care to an adolescent to which a local
representative of the "Pastoral del Menor" [Ministry of the
Minor] was called to intervene.
v)
During the visits made by the representatives in the months of
November 2010 and February 2011, they verified the
existence of “floating” adolescents. These are adolescents
whose lives are threatened and therefore spend the whole day
in the facility’s court yard and are taken to their cell only at
night, and
d)
that, despite the reforms made by the State at the Internment
Facility, its infrastructure is still inadequate, in light of the existence of
deteriorated structures, unhealthy, damp spaces, without natural air and
light, with leaks and garbage accumulation. Moreover, some adolescents
were subject to a harsh discipline regime, similar to the one of a maximumsecurity prison, with very little opportunity to be outdoors, with little to no
activity.
15.
The arguments of the Commission to base the request for provisional
measures, in which it pointed out that:
a)
“there is sufficient evidence to consider that the State, through the
authorities of the Socio-Educational Internment Facility, is not exercising an
effective control over said premises,” and therefore, “it is not capable of
ensuring the life and physical integrity of the people confined there.” To this
end, “the management of the facility, on many occasions, has denied access
to certain areas of the UNIS to petitioners and also to the Ministry of the
Minor and also to a commission of judges of the National Council of Justice,
under the argument that it could not guarantee the safety of the visitors";
b)
“the level of chaos and the frequency with which these type of violent
events and escapes occurred in the UNIS are absolutely incompatible with
3