q)
the Executive Secretary of Resocialization expressly forbids any kind of
inspection that is humiliating or that affects the dignity of the visitor. However,
within the limits of a preventive personal search and under the condition of
being an exceptional measure, such proceedings on behalf of the common good
even without substantiated suspicion are tolerable, as takes place when
entering stadiums during major sporting or cultural events;
r)
since October 23, 38 investigations were initiated in regard to specific
complaints, supposedly perpetrated by staff at the Curado Complex;
s)
1.
2.
3.
4.
5.
6.
regarding the deceased inmates:
Renato Alberto da Silva was murdered in the PAMFA on January 19,
2014, by a "sharp bladed instrument." The police investigation was
completed and forwarded to the Criminal Justice system. The prisoner
Charles Fernandes Monteiro was charged;
Rogério Vieira de Souza was murdered in the PAMFA on February 1,
2014. The investigation is currently in the police investigation stage;
Gilmar Soares Freitas was killed in the PFDB on February 1, 2014, by a
"sharp bladed instrument." The police investigation was completed and
forwarded to the Criminal Justice system. The prisoner Jose Carneiro
Fábio da Silva was charged;
Inmate Luciano Barbosa da Silva died on June 3, 2013, in the infirmary
of the PFDB due to a respitory tract infection and a tumor in his liver;
Prisoner Milton César Gonçalves Farias committed suicide on October 15,
2013, in the common living cell.
In regard to prisoner Daniel Lima da Silva, no investigation was carried
out since his death was considered to be due to natural causes.
t)
for the State, the petitioners did not verify the accuracy of the reported
cases of torture, which shows the lack of appearance of the truth in their
arguments on the matter. Despite the lack of evidence, 23 proceedings were
initiated before the Investigations Commission. Also proceedings were initiated
by the Public Prosecutor’s Office of the State.
CONSIDERING THAT:
1.
Brazil is a State Party to the Convention since September 25, 1992, and that
according to Article 62 of the Convention, recognized the competence of the Court on
December 10, 1998.
2.
Article 63(2) of the American Convention sets that, “[i]n cases of extreme
gravity and urgency, and when necessary to avoid irreparable damage to the persons,”
the Court may, in the matters that have not yet been filed before it, per the request of
the Commission, order the provisional measures deemed relevent. This provision is in
turn regulated by Article 27 of the Rules of Procedure of the Court.
3.
This request for provisional measures does not originate in a case before the
Court, but in the context of the precautionary measures that have been underway
before the Inter-American Commission since August 4, 2011.
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