14
investigation commenced in order to identify and punish those detainees that had
been involved in the riot of June 16, 2006.
14.
That, at the public hearing held before the Court, the State submitted lists
stating the new relocation of the detainees that had been referred from the
Araraquara Penitentiary, and also information regarding the medical assistance
provided to some of them. In that respect, the Commission and the representatives
considered that the referral of the inmates made by the State was a positive
measure, but they stated that they do not have any details about the current
conditions of those persons that had been previously detained in the Araraquara
Penitentiary since many detention centers to which they were referred were already
overcrowded and did not offer adequate detention conditions. Consequently, the
Commission and the representatives pointed out the need that the State inform, with
accuracy, the current detention condition of those inmates that had previously been
detained in Araraquara Penitentiary.
15.
That the Court considers that the detention conditions which inmates had to
endure at the Araraquara Penitentiary (supra Considering clause No. 13) are
unacceptable. Likewise, the Court notices that as a consequence of its positive
obligation to protect the right to life and physical integrity, the State has the duty to
prevent that individuals under its custody be subject to conditions such as
overcrowding, and to such precarious detention conditions as aforesaid described;
furthermore, the State has the duty to divide inmates into different categories. All
these circumstances may give rise to violent events such as that occurred in the
Araraquara Penitentiary on June 16, 2006 and might cause an immediate loss of
lives and generalized attacks affecting the inmates’ personal integrity.
16.
That the obligation of the State to protect the lives and the physical integrity
of those persons under its custody implies that the State has a duty to protect such
persons from any violence as a consequence of the acts of state officers or third
parties. The Court notices that the acts of the state security officers, specially those
aimed at keeping order, or the possible referrals, must be carried out strictly
respecting the human rights of the prisoners and preventing unduly violent acts. The
State also has the duty to control the acts of third parties.5 Given the characteristics
of the detention centers, the State must protect prisoners from violent acts which, if
there is no State control, might take place among the detainees.
17
That the State must comply with its duty to protect and guarantee the human
rights of prisoners, taking into consideration, at the same time, its duty to preserve
public safety and to protect the rights of all persons under its jurisdiction.
18.
That the Court has established that the international responsibility of states,
within the scope of the American Convention, arises upon the violation of erga
omnes general obligations to respect and secure the protective measures and to
secure the enforcement for all persons of the rights embodied in Articles 1(1) and 2
5
Cf. Matter of Yare I y Yare II Capital Region Penitentiary Center. Provisional Measures. Order of
the Inter-American Court of Human Rights of March 30, 2006, Considering clause No. 14; Matter of
Monagas Judicial Confinement Center (“La Pica”). Provisional Measures. Order of the Inter-American Court
of Human Rights of February 9, 2006, Considering clause No. 16; and Matter of Children Deprived of
Liberty in the “Complexo do Tatuapé” of FEBEM. Provisional Measures, supra note 2, Considering clause
No. 14.
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