CAT/C/39/2
page 37
151. The videotape also showed various blunt instruments found in the course of the visits to
the juvenile detention centres in question, that, according to the medical expert, were perfectly
consistent with the type of injuries observed in the juvenile detainees. In other words, the
instruments were probably the cause of those injuries. In some cases, the trauma injuries
reproduce the shapes of the instruments almost perfectly.
152. NGOs also provided the Committee members and the medical expert with photographs of
recent traumatic injuries (mainly haematomas, ecchymosis and excoriations), on the head, face,
the back and upper limbs, produced by blunt instruments, which appeared to be consistent with
intentional aggression. The medical expert noticed that, in some cases, injuries occurred as the
victim tried to avoid the blows that were being inflicted. According to the medical expert, the
characteristics of these injuries are totally consistent with the batons used by the police force
which are also visible in the photographs provided.
C. Information received from federal and state governments and other authorities
153. During the meetings with government officials, the Committee members were briefed on
the situation in the country, as well as on the legislative, administrative and judicial measures
taken in their respective areas of work to prevent acts of torture and to respond to allegations of
torture. Overall, the government officials acknowledged that acts of torture occur in Brazil, but
that they were isolated acts and not an institutionalized practice.
1.
Follow-up to the visit of the Special Rapporteur on the question of torture
154. The Human Rights Commission of the Federal House of Representatives updated the
Committee members on the implementation of the recommendations formulated by the Special
Rapporteur on the question of Torture following his visit in 2000, which reflected the concerns
described above by the NGOs. Inter alia, the police practice of arresting people without a judicial
order continues and detention facilities have not improved as a whole. The probative value of
confessions obtained by the police in the absence of a judge or lawyer has not changed.
However, a bill is being discussed in the Parliamentary Commission for Constitution and Justice
within the Chamber of Deputies, which would establish that confessions will only be used as
evidence if made before a court in the presence of a defence lawyer. The proposal of transferring
the burden of proof to the prosecution in cases in which the defendant alleges that evidence was
obtained under torture has not been considered. The protection of witnesses with criminal
records is still not ensured. Most of the independent monitoring of detention facilities has been
implemented by civil society, though access for these groups has often been difficult. No other
independent system is provided by the State authorities.
155. The Committee members were provided with two draft bills that are currently being
debated in the National Congress which establish various measures for the prevention of torture,
such as the creation of a National System for the Prevention of Torture.34 The Committee
members consider that the adoption of these draft bills could be an important step forward to
combat the practice of torture.
34
Draft bills number 5546/2001 (Deputies Nilmário Miranda and Nelson Pellegrino)
and 5233/2005 (Deputy Sigmaringa Seixas).
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents