Resolution No. 40 IACHR. Precautionary Measure No. 379/19 (Brasil), 07-08-2019

• Case Outcome: Granted
• Case Type: Precautionary Measures
• Respondent State: Brasil
• Date: 07 August 2019
• Court: Inter-American Comission of Human Rights
• Resolution Number: 40

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INTER- AMERICAN COMMISSION ON HUMAN RIGHTS

RESOLUTION 40/2019

Precautionary Measure No. 379-19

E. de M.aes Detention Facility regarding Brazil1

August 5, 2019

I. INTRODUCTION

1. On Apri 22, 2019, the Inter-American Commission on Human Righ ts (hereinafter “the Inter-

American Commission,” “the Commission,” or “IACHR”) received a precautionary measure request filed

by the Public Defender’s Office of Rio de Janeiro (“the applicants”), urging the IACHR to request that the

Federative Republic of Brazil (hereinafter “B.il” or “the State”) adopt preautionary measures in order

to protect the rights of the people deprived of their liberty that are in the “E. de Moraes Detention

Facility” (“PEM”), located in Rio de Janeiro City (“the proposed beneficiaries”). According to the request,

the proposed beneficiaries face a situation of risk due to their detention conditions and lack of adequate

medical care; several deaths have been recorded in recent years.

2. The Commission requested information from both parties, according to Article 25.5 of the R.s

of Procedure. The applicants presented further additional information on three times during J.: 1, 10,

and 24. T.S. requested an extesion deadline, and submitted its reply on July 1.

3. After analyzing the legal and factual allegations from the parties, the C.on considers that

the present matter prima facie the seriousness, urgency, and irreparability requirements established in

Article 25 of the Rules of Procedure. Consequently, the Commission requests that the State of Brazil: a)

adopt the necessary measures to preserve the lives, personal integrity, and health of the persons

detained in the E. de M.aes Detention Facilit y; b) adopt immediate actions to substantially

reduce overcrowding inside the detention facility in accordance to international standards; c) provide

adequate hygiene conditions inside the facilities , access to drinkable water, and adequate medical care

for the detainees, according to the illnesses they have; d) adopt the necessary measures to have

contingency plans in case of an emergency; e) consult upon the measures to be ad opted with the

beneficiaries and their representatives; e f) provide information regarding the actions taken to

investigate the alleged acts that caused the adoptions of the present precautionary measure and, in this

way, avoid its repetition.

II. SUMMARY OF THE FACTS AND ARGUMENTS

1. Information Provided by the Applicants

4. The proposed beneficiaries are persons deprived of liberty in the "E. de Moraes Detention

Facility" ("PEM")2, located in the S.C. area of Rio de Janeiro city, intended to detain "neutral"

prisoners who are not in a criminal group of the zone. The request is based on a generalized picture of

risk source, similar to t other precautionary measures granted by the IACHR3.

1 According to Article 17.2.a of the IACHR’s Rules of Procedure, the B. commissioner, F.P., did not participate on the discussion

of the matter.

2 On 1967, it was a militar warehouse in which the army storaged their tanks. Then it became a detention facility for sentenced people or

preventive prisioners, close regime.

3 IACHR, Instituto Penal Plácido de Sá Carvalho Penal Institute regarding Brazil (PM-208-16), Resolution 19/2016 of July 15, available on:

http://www.oas.org/es/cidh/decisiones/pdf/2016/MC208-16-ES.pdf