CAT/C/39/2
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108. In some penitentiary centres, they also met with inmates who claimed to have already
served their sentences but who had not been released. A large number of detainees testified that
they were not assisted by a lawyer.
109. The Committee members noticed that a number of detainees claimed to have been
sentenced for petty crimes involving no serious threat to society. While the Committee members
do not intend to draw conclusions with regard to any judicial decision in this respect, they do
wish to voice the concern transmitted to them that allegedly the police, prosecutors and even
judges tend to qualify offences as being the most serious available. For instance, they may
qualify an offence as robbery instead of theft. As a result, bail would not be granted. Moreover,
the situation of overcrowding will only worsen if this continues.
110. Women serve their sentences in separate establishments. The penitentiary centres for
women which were visited by the Committee members had a nursery, where the inmates were
able to nurse their children for a specific period which varied in the different centres. Women
were separated from men in all detention centres.
Brasilia
111. On 16 July 2005 the Committee members visited the Papuda CIR Centre in Brasilia, built
in 1979. On the day of the visit, the Centre had a population of 1,434, although it has a capacity
to accommodate 900 inmates only. The majority of the detainees are under a semi-open regime.
Each week, 30 to 40 inmates enter the centre. The Director of the Centre acknowledged that the
Centre was extremely overcrowded, partly due to the deterioration of the infrastructure. In fact,
the cells visited by the Committee members were inadequate for the number of detainees held.
As in other penitentiary centres, the military police is responsible for the external security, while
the civil police is responsible for the internal security. The Director complained that there were
not enough guards to look after all the detainees. During the weekend, there were only 19 guards.
For this reason, visits cannot take place during the weekend and the period in which detainees
are allowed out of their cells is limited. Approximately 600 to 700 detainees have the possibility
to participate in different workshops and to learn vocational skills. Legal assistance is usually
provided through a legal aid clinic of the University of Brasilia. The Centre has dental and
medical services. Since these were set up, the number of serious incidents in the prison has been
reduced. However, these services are not available on the weekends and the medical doctor only
comes two days a week.
112. They also visited the Centre for Provisional Detention in Brasilia. The Centre held 2,230
detainees, both provisional and convicted, under a semi-open regime, while the real capacity of
the centre is 1,500 persons. Pursuant to suggestions received from NGOs, the Committee
members visited the disciplinary pavilion. They were informed by the centre’s personnel that
detainees held in this pavilion were accommodated in individual cells for a maximum of 30 days.
The Committee members observed that there was more than one person in each cell.
113. Finally they visited the Women’s Prison, which held 310 women, although it had a
maximum capacity of 380. The centre, which was converted into a women’s prison in 1996,
consisted of three pavilions: the first under a semi-open regime for women, the second under a
closed regime also for women and the third was exclusively for mentally ill men, where
approximately 68 men are held. Women awaiting trial were also held in the centre. According to
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