CAT/C/39/2
page 77
328. Until then, on the expert reports, cases where indications of torture are detected, have been
identified as bodily harm, which produces a distortion of the facts and may jeopardize the
criminal investigation. This change is expected to solve that problem. It is further clarified that
the medical experts are trained to answer in a correct and adequate way to the new items.
“196. In the light of these considerations, the Committee makes the following
recommendations:
(a) Complaints alleging torture by public officials should be promptly, fully and
impartially investigated and offenders should be prosecuted under the 1997 Torture Law
and penalized appropriately;”
329. There is a significant growth of the investigations and judicial proceedings initiated against
policemen accused of the crime of torture, under the aegis of the Law Against Torture. The
Brazilian Government is convinced that this growth will be essential to discourage that practice,
due to the demonstration effect already noticeable as those involved are being punished.
“(b) The states’ Public Prosecutors’ Offices should be empowered to initiate and
carry out investigations into any allegations of torture and should be provided with the
necessary financial and human resources to allow them to fulfil this responsibility;”
330. On this item, see comments on paragraph 180. It should be added that in principle
compliance with this recommendation may depend on changes in the countries’ legislation,
namely a constitutional amendment, since the Federal Constitution devolves on the judiciary
police and the federal police the investigation of penal offenses, and on the Public Prosecutor the
external control of the police forces. The issue, however, is not settled and a decision from the
Federal Supreme Court is pending.
“(c) An effective application of the Constitutional safeguard of federalization of
human rights crimes, in particular torture, which allows the Federal Prosecutor-General
to request a transfer of certain human rights violations (including torture) from State to
federal jurisdiction, should be ensured;”
331. On this question, see comments to paragraph 182 of the Report.
“(d) Accused officers should be suspended from their duties pending the outcome of
any investigation into alleged torture and ill-treatment and any subsequent legal or
disciplinary proceedings;”
332. Through SENASP, the Federal Government already recommends, account being taken of
the autonomy and independence of the federated units, that professionals involved in situations
where there are allegations of torture and ill treatment, as well as manslaughter, be suspended
from their regular activities.
“(e) The judiciary should be encouraged to impose alternative sentences to
detention as provided for by the law. The imposition of long periods of detention or
imprisonment for relatively minor offences should be avoided as should close regime
custody;”
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents