E/CN.4/2000/9
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133.
The Government replied on 27 April 1999 that Viktor Gonchar had been
placed in administrative detention for 10 days in a special holding facility,
pursuant to the Administrative Offences Code, after attending a gathering on
25 February 1999 for which no authorization had been issued by the Minsk City
Executive Committee. With respect to his time in detention, the Government
stated that he was kept under constant medical supervision on account of his
health. The Government informed the Special Rapporteur that any reports of
police irregularities had no basis in fact.
Brazil
Regular communications and replies received
134.
By letter dated 17 November 1999, the Special Rapporteur advised the
Government that he continued to receive information concerning cases of
brutality in prisons. Based on a recent report on the situation in Brazilian
prisons, it was alleged that even though internal legislation might provide
adequate provisions to safeguard detainees' human rights, a combination of
corruption, lack of professional training for prison guards, and lack of
official guidelines and effective monitoring of abuses, had prompted an on-going
crisis in the penitentiary system.
135.
Prisoner-on-prisoner violence is reported to be a serious problem.
Prisoners are said to be at risk for a number of reasons, including drug-related
prison debts, gang rivalries and the types of crimes prisoners committed. On
29 May 1998 a fight reportedly broke out between rival gangs of prisoners in the
Barreto Campelo maximum security prison in Pernambuco, allegedly leaving
22 prisoners dead and 13 prisoners injured. Those targeted had allegedly
committed homicide, robbery and rape in the prison. A similar incident two days
earlier had left three prisoners dead and 20 injured. The State Secretary of
Justice is said to have later blamed the violence on overcrowding and understaffing in prisons.
136.
Torture is also said to be used as a punishment by prison officers.
Prison officers allegedly apply illegal collective "punishments", most commonly
by stripping, beating and humiliating prisoners, destroying or contaminating
their food, denying them access to food, or terminating or restricting visits.
137.
The Special Rapporteur has received information on the following cases.
138.
On 24 December 1997 a fight reportedly occurred between prisoners in the
Céu Azul wing of the men's penitentiary in Manaus and the kitchen "trustees",
who had allegedly previously beaten prisoners with the acquiescence of the
prison governor. The civil police riot squad, which was reportedly called in to
end the disturbance, allegedly took the prisoners to the prison football pitch.
After being stripped naked, they were allegedly forced to crawl through filth
from a sewage outlet, while the prison officers beat them with truncheons and
kicked them in the ribs. They allegedly had to shuffle on their knees back to
the prison building. They were also allegedly beaten in the following months by
police riot troops. It is alleged that prisoners were dragged out of their
cells, stripped naked and forced to kneel down and beat each other, as well as
being forced to insert fingers into a fellow prisoner's anus.
139.
In February 1998, members of a civil police Special Armed Unit for the
Prevention of Robbery reportedly entered Depatri prison in São Paolo and
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