very high levels of overcrowding and lack of basic minimum conditions such as
food and drinking water; and viii) the alleged lack of effective judicial response
to such events ";
b)
the possible beneficiaries of the provisional measures are fully identified
by the State of Brazil in as much as they make up the prison population at the
'Professor Aníbal Bruno’ prison. According to the latest information provided by
the petitioners, in February 2014, there were 6,644 persons incarcerated in the
center. Similarly, the prison staff and visitors in that center are also clearly
identifiable;
c)
as part of precautionary measures in this case, the Commission
considered that the extreme violence within the 'Professor Aníbal Bruno' prison
has reached a critical level that has killed and affected the integrity of an
alarming number of people and has taken shape in many forms of violence that
operate simultaneously. That is, as a result of the actions of State agents and
the absence of effective measures to control violence amongst the prisoners
themselves. There is also consistent evidence of inhumane detention conditions
that constitute a factor that exacerbates violence in the center. Thus, the
alleged beneficiaries are in a situation of extreme gravity and urgency and risk
of irreparable damage that requires the immediate adoption of provisional
measures given the ineffectiveness of the precautionary measures issued by the
Commission;
d)
despite the adoption of precautionary measures, the State has not taken
the necessary measures to protect the life and personal integrity of the
prisoners at said institution. The State’s response has not responded to the
immediacy and urgency that the critical situations and extreme violence so
require. To the contrary, as noted, the Commission has received consistent
information regarding hundreds of deaths and torture and cruel, inhumane and
degrading treatment in the prison 'Professor Aníbal Bruno' to date, not only by
prison staff but also by other inmates. The Commission stressed that the last
registered murder of an inmate at said institution happened only a few weeks
ago and was allegedly perpetrated by another inmate. The most recent facts
reported by petitioners are not isolated events. From the monitoring of the
precautionary measures of the Commission, it can be identified that these very
recent events form part of a continuous and growing increase in violence. Thus
the continuity of the risk factors already described by the Commission, allow for
the inference of an existent imminent risk of death and additional harm to life
and personal integrity;
e)
for the Commission, the vast majority of people killed and injured were
done so through the use of knives and firearms, and thus it can be inferred that
arms trafficking took place in the detention center by the prisoners, that the
State backed the practice and use of the 'chaveiros,' as well as alleged
examples of the indiscriminate use of force by prison authorities. Thus the
Commission highlights the lack of effective control in the 'Professor Aníbal
Bruno' prison by custodial authorities, which allows for the inference of an
existent situation of extreme gravity and urgency and risk of irreparable harm,
and
f)
the information provided also places prison staff in said prison at risk as
well as the visitors. This is evidenced by the alleged facts reported by the
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