9 the reconstruction of the said Penitentiary. All centers that were in conditions to receive the detainees were identified and the referrals commenced. Priority was given to those persons suffering from medical conditions; c) at the Araraquara Penitentiary, there were 537 provisional detainees, 73 convicts serving sentence under a semi-open regime, and 986 convicts serving sentence under a closed regime. The State submitted a list to the Court identifying each of those persons and stating when and where they were transferred; d) the referrals were made in the presence and under the supervision of the members of the Judicial Power; e) the State submitted a list to the Court containing the names of all detainees that have received medical assistance; f) in spite of the seriousness of the events, there were no detainees dead or injured. In these two months there has been an attempt to runaway. For this reason, the state agents shot rubber bullets, causing some minor injuries to some of the detainees, but this situation is comprised within the international standards for contention; g) the provision of products for personal hygiene and the legal advice services to detainees have not been interrupted by the State, in spite of the unfavorable circumstances surrounding the case; h) there is a criminal gang that acts within the Brazilian penitentiaries that is being currently investigated in order to identify and punish their leaders, specially for the damages caused to several penitentiary officers that had been present at the moment the riots took place; i) furthermore, the State has adopted provisional measures in order to avoid new riots similar to those that have already occurred. Such measures involve the creation of a Gabinete de Gestión Integrada (“Mixed Management Board”) integrated by members of the Judicial Power, officers from the Área de Seguridad Pública (“Public Safety Area”,) officers from the Ministerio Público (“Public Ministry”) and from the Fiscalía General del Estado (“State Public Prosecutor’s Office”,) j) the representatives were prevented from accessing the facilities once by safety reasons, but the State does not object that they may have access to the beneficiaries of the measures; and k) as a consequence of the referrals made by the State, which is the main objective of the provisional measures ordered by the President, the said measures have been widely complied with. However, the State shall voluntarily provide, for the term that the Court may deem convenient, all the information that may be necessary regarding the situation of those detainees that have been referred to other penitentiaries. 12. The arguments of the Commission presented at the public hearing held before the Court, wherein, in brief, the following was informed, to wit: a) the referrals constituted a great step on the part of the State towards solving the situation; b) during an on-site visit made on September 20 to 22, 2006, which the Commission decided to make in view of the extreme seriousness of the situation and of the insufficiency of the measures that had initially been adopted at domestic level, the members of the Commission visited the Penitentiary of Serra Azul, where some of the detainees had been transferred to. At that time, they interviewed 10 persons that had been detained in the Araraquara Penitentiary. Such persons confirmed that they were not suffering

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