CAT/C/39/2
page 16
43. Juvenile offenders shall be held in establishments exclusively for adolescents and
separated on the basis of age, physical build and the seriousness of the offence.23 Article 124 of
the Statute enumerates the rights of all adolescents deprived of their liberty, which include the
right to enjoy leisure, culture and sporting activities; the right to live in adequate hygienic
conditions; the right to schooling and training; and the right to be interned in a locality close to
the domicile of their parents or other legal guardian. The responsibility for ensuring the respect
of the legal rights and guarantees of all children and adolescents lies with the State Public
Prosecutor’s Office (Ministério Público) which is also responsible for the inspections of juvenile
detention centres.24
V. TORTURE AND ILL-TREATMENT IN BRAZIL
44. The findings of the Committee members are based mainly on information collected from
Government officials, members of the legislative and the judiciary, medical experts, law
enforcement personnel, NGOs and associations, detainees, and persons alleging to have been
tortured or ill-treated as well as their relatives. The Committee members also received precise
information on the examinations of alleged victims of torture from the medical expert who
assisted during the inquiry.
A. Information provided by human rights non-governmental organizations
1.
Information provided prior to the visit
45. The initial information submitted to the Committee by the NGOs World Organization
against Torture and Action by Christians against Torture ACAT-Brazil contained a summary of a
report that had been prepared in follow-up to the visit of the United Nations Special Rapporteur
on Torture to Brazil in 2000, as well as to the presentation by the Government of Brazil of its
initial report to the Committee against Torture in May 2001.25 The report focused on the
situation in the State of São Paulo in the period between February 2000 and June 2002 and
included, in an annex, descriptions of over 1,600 alleged torture cases registered during this
period.
23
Ibid., article 123.
24
Ibid., article 201 (VIII).
25
See note number 1 and 2.