CAT/C/39/2
page 76
324. In addition, investments were mad to establish regional DNA laboratories, electronic
microscopy applied to forensic ballistics, a National Center for Forensic Entomology,
qualification in forensic genetics, qualification in forensic phonetics, qualification in forensic
toxicology, technical assistance to States for structuring in the field of expertise.
325. It should be noted that some draft bills are currently under examination in both Houses of
the Legislative Branch with a view to granting autonomy and functional independence to
forensic institutes and other expert agencies. One should point out especially Draft Bill no.
3.653/1997, which responds to CAT recommendations, as can be seen from the following
section of the Report of the Public Security Committee and Combat to Organized Crime, quoted
below:
“This draft bill deals with official expert examination and provides that they will be carried
out by experts who are part of permanent staff of a specialized agency structured in
technical careers, to be filled through public contest with requirement of specific degree.
It defines as official experts the criminal experts and forensic experts, who would be
subject to a special regime of work taking into account the nature of their specific
functions and the places where they are to be performed, according to the law.
Such an agency would have scientific and functional autonomy, its subordination to a
police agency would be forbidden, and the respective careers would be considered as
typical of the functions of the State.
The Author justifies the proposal by recalling that expert examination is indispensable for
the investigation of illicit acts, a task that demands impartiality and encouragement of the
exactitude of the performance. Recommendations by national and international agencies
and organizations in favor of the autonomy of expert examination vis a vis the police
agencies are mentioned.”
“195. In practice, the forensic examination of detainees is carried out only at the request
of the police or legal authority, such as a judge or prosecutor. This reduces the possibility
that a possible victim of torture will be medically examined. In many cases, medical
examinations are superficial or are carried out many days after the aggression has taken
place, when external signs of such activity will have already disappeared. Many doctors
lack professional training in forensic medicine and are unable to identify the injuries
characteristic of ill-treatment or torture.”
326. In 2003, there was an important investment in the qualified production of proof (see
answer to paragraph 194). The Coordination of Expertise is preparing a specific course for
criminal experts, with a view to the identification of physical torture and ill treatment, according
to a request received from the National Forum of Police Ouvidores.
327. Furthermore, the Brazilian Government announces an important advancement in this
question. In May 2007, the Federal Council on Medicine will publish a resolution that adds new
items to the expert report done by experts on the corpus delicti. In accordance with the Istanbul
Protocol, such items are formulated in order to identify, on the expert report, traces of torture,
thus allowing the experts to verify the specific occurrence of this crime.
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