CAT/C/39/2
page 85
“(s) The problem of overcrowding in detention centres must be solved by adopting
measures urgently, such as awareness-raising of the judiciary of the possibility of applying
alternative sentences;”
368. On this question, see comments to paragraph 183 of the Report.
“(t) Juvenile offenders should be separated on the basis of age, physical build and
seriousness of the offence, as provided for in the Statute of the Child and Adolescent and
the United Nations Convention on the Rights of the Child;”
369. In the comments to paragraph 196, r, of the Report, information was given on SINASE,
including the set of principles to be observed in the execution of socio-educational measures do
be applied to minors in conflict with the law. Among the several directives, one can find the
architectural parameters to be observed in locations of internment of minors, in order to make
possible the separation by age, sex, seriousness of the infraction, phase of the shelter (initial,
intermediary and concluding) as well as the existence of spaces that allow the adequate
development of socio-educational activities.
370. In March of this year the Specialized Center for Juvenile Care (CAJE) in Brasília, a
juvenile detention center visited by the Committee, participated in qualification for SINASE.
The initiative came from the direction of CAJE itself, which has introduced socio-educational
measures in accordance with the pedagogic principles of SINASE for individual and
interdisciplinary care.
371. The separation of minors according to their specificities and development, therefore, is
included in the national policy for minors in conflict with the law and is being implemented with
a starting point on the introduction of measures proposed by SINASE.
372. The Center for Socio-educational Care for Adolescents - eg. Fundação Casa - sorts out
adolescents by age and infraction, and possesses units for first-time interns who committed
infractions of medium seriousness, for second- and third-timers and for those who committed
serious infractions (separation as “primary-medium”, “primary-serious”, “recidivist medium”
and “recidivist serious”). There is also a separation according to the place of residence of the
parents.
“(u) Police stations should not be used to accommodate pre-trial detainees and
sentenced prisoners beyond the 24-hour period prescribed by the law;”
373. On this question, see comments to paragraph 191 of the Report. It should be added that the
Federal Government will evaluate, through SENASP-MJ, the possibility of including this item in
the qualitative standards for distribution of financial resources to the states. Currently, projects of
construction or renovation for police precincts that include jails are not accepted.
“(v) Detainees should be separated, depending on whether they are awaiting trial
or sentenced, whether they have been sentenced to an open, semi-open or closed regime,
as well as by the seriousness of the offence;”
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