On January 15th, the Inter-American Commission on Human Rights (IACHR), organ of the Organization of American States, conceded precautionary measures for the detainees in the State Detention Center of Guarujá. The Brazilian justice had already decided for the immediate injunction of the Penitentiary on last December 21, although it was still sheltering about 15 detainees at the time of the concession. The decision was granted in order of the request of Pro Bono Institute, Conectas Human Rights and Conselho Comunitário Penitenciário de Guarujá e Vicente de Carvalho, after the death of three detainees while they were trying to escape, on last November.
This is a long case of disrespect of the human rights. On the last April, the same organizations presented the first complain to the IACHR, not only about the terrible situation that the interns are exposed, living in a overcapacity building and without security and sanitary basics requirements, but the penitentiary has also received irregularly adolescents imprisoned. On June, IACHR ask the Brazilian govern for answers about the situation on the State Detention Center of Guarujá and on October granted precautionary measures for the protection of adolescents.
But this is not the only problem that the State Detention Center of Guarujá has to face. Since 2005, this penitentiary has already been pointed out for its over-population which has been posing daily problems to the well being of the detainees. The maximum dwelling capacity of the penitentiary is 60 persons, although it has already accommodated 340. This has contributed to the degradation of the penitentiary's structures. Today, the Penitentiary does not provide the most basic living conditions for its prisoners: lack of security equipments such as fire extinguishers in case of fires; lack of electricity and lack of security around electricity installations due to the over usage of the prison's electricity system and shortage of sanitary facilities which causes sewers to become exposed attracting rats and various types of insects.
On last November, three detainees trying to escape died during a conflict with the police. After this, the organizations presented a new appeal to the IACHR, asking for the extension of the precautionary measures granted to the adolescents to all the detainees, because theirs life, heath and integrity were threaten too.
On December, the Brazilian justice recognized the severity of this case, and determined its immediate injunction, in a decision based on visits in loco and the denounce presented to the IACHR.
The Precautionary measures granted yesterday determined that the Brazilian State has to:
1. Adopt the necessary measure to assure live, health and dignity for all people without freedom hosted in the State Detention Center of Guarujá;
2. Reduce the number of detainees in the State Detention Center of Guarujá, to assure life and personal integrity of all the interns;
3. Offer immediately health cares to all the detainees;
4. Coordinate all the action to assure the establishment of all the precautionary measures, consulting the detainee representatives.
The Brazilian government has until the end of January to show to the IACHR that the precautionary measures were accomplished. "We hope for the complete injunction of the State Detention Center of Guarujá, and for this case to be an example for all penitentiary in this conditions to be prohibited to shelter people'' said Eloísa Machado, lawyer at Conectas Human Rights.