CAT/C/39/2
page 25
(b)
Police stations
89. Police stations (Delegacias) are run by the civil police and are directed by a delegado, who
is a senior civil police official with a law degree. The Committee members visited the so-called
deactivated police stations that serve the public and where persons under arrest are only held up
to 24 hours, as well as police lock-ups that have not been decommissioned and continue to
operate as public jails.
90. In principle, a person may be held in a police lock-up for a maximum period of 24 hours
after which a judge must issue a provisional detention order and the person should be transferred
to a provisional detention centre. Detainees awaiting trial should be held in pre-trial or remand
centres, commonly known as cadeias publicas. In order for a detainee to be transferred to a
penitentiary facility, an authorization from the penitentiary authorities is required. However, it
appears that because the penitentiary facilities are already overcrowded and risks of riots are
high, transfer authorizations to these facilities are not always issued.
91. The Committee members observed that a large number of detainees continue to be held in
police stations instead of being transferred to pre-trial detention centres and prisons. Under these
circumstances, the provisions of the Criminal Procedure Code regarding the separation of
detainees according to their legal status, i.e. awaiting trial or convicted, are clearly violated.
Police officers are obliged to assume new functions as prison guards in police stations, without
having received any training in this respect. Moreover, the fact that the civil police are in charge
of the preliminary investigations and that police lock-ups are guarded by the civil police,
reportedly facilitates the abuse of provisional detainees by police investigators seeking to obtain
confessions or any other relevant information.
92. The Committee members observed that no police stations that operated as public jails were
equipped for long periods of detention, given that the infrastructures were inadequate and the
material conditions degrading. Severe overcrowding was widespread. The Committee members
observed that detainees held in public jails are deprived of many of their rights. For instance, it is
impossible for detainees to reduce their sentences through work, an entitlement provided for by
law. Also, they do not have access to any recreational activities and ordinarily cannot receive
conjugal visits. Regular visits seem very difficult and discouraged.
93. The Committee members found that in most cases detainees were not examined by a
doctor after arrest, it being up to the arresting officer to decide if such an examination was
necessary. There is no systematic examination of detainees upon arrest, sentence, when
transferred between centres or when released.
São Paulo
94. On 19 July 2005, the Committee members visited the 4th District Police Station in
São Paulo, where approximately 66 detainees accused of sexual crimes were being held in a
public jail. The Committee members were informed that the public jail of this police station was
currently being decommissioned; hence no new detainees had come in since 2003. Due to
extreme conditions of overcrowding, the Committee members observed that a tetraplegic
detainee was being held in the corridor outside the cell.
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