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