4 5. That the facts which took place at the Urso Branco Prison since the last Order rendered on May 2, 2008, deserve an analysis on the status of implementation of the provisional measures and the adoption of this Order. 6. That the Court appreciates the usefulness of the public hearing held in order to become acquainted the status of implementation of these provisional measures. * * * 7. That regarding the detention conditions at Urso Branco, inter alia, the State pointed out that: i) on September 30, 2009, there were 672 inmates in the Penitentiary, which has a capacity for 456 detainees. There was a significant reduction in the incarcerated population, considering that in December the prison housed 1300 persons. That was mainly due to the partial takeover of the Penitentiary ordered by the Primer Juzgado de Ejecución y Contravención Penal de Porto Velho [First Court of Penal Enforcement and Contravention of Porto Velho] (hereinafter the “Court of Penal Enforcement”). In compliance with said order, no new detainees were admitted to the prison since December 19, 2008; ii) in order to face the problem of prison overcrowding in Rondônia, the federal government, among other investments and works, executed the following: a) boosting of Urso Branco capacity with the creation of 96 new places through the building of the so called “celões” [large cells], which were completed in 2006, and the subsequent reconstruction thereof -which is still in progress-, in order to improve the ventilation system; b) start-up of the construction of Ariquemes Penitentiary, with a capacity of 360 persons; in a near future, 120 places shall be available thereat; c) building of the Centro de Triagem de Porto Velho [Porto Velho Selection Center], with a capacity of 96 persons; d) project for the construction of the Penitentiary of the Programa Nacional de Seguridad Pública con Ciudadanía [Public Security and Citizenship National Program] with a capacity of 421 persons; and e) project for the construction of the Porto Velho Penitentiary, with a capacity of 470 persons. Furthermore, the government of Rondônia shall also execute works with its own resources in order to increase the capacity of its penitentiary system; iii) the Penitentiary facilities were also improved through actions such as the reinforcement of the cells security, the construction of a place for the communication between inmates and their lawyers, a new area for medical and dentistry attention, and a new building for visitors; the completion of two external yards and the beginning of other two similar yards. Additionally, financial resources of the federal government were allocated for the purchase of security vehicles and ambulances, as well as for the implementation and restructuring of the Penitentiary School. On the other hand, cells built in 2006 are being restored in order to improve their ventilation; iv) persons deprived of liberty have access to water five times a day, during thirty minutes in each period. Additional works shall begin in order to increase the water supply, which shall have to be finished in the term of six months. Personal hygiene products have been distributed fortnightly, but “there are

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