CAT/C/39/2 page 10 (c) Assurances by the Government that no person, whether an official or a private individual, who had been in contact with the Committee members designated for the inquiry or with other persons accompanying them in the framework of their mandate, would suffer threats, harassment or punishment, or be subjected to judicial proceedings in connection with the inquiry. The same assurances apply to the families of the persons who have been in contact with the Committee members designated for the inquiry or with the persons accompanying them; (d) Appropriate security arrangements, without, however, restricting the freedom of movement of the members conducting the enquiry; (e) Before, during and after the visit, the members of the Committee designated for the inquiry, the United Nations staff, as well as any other persons assisting them during the inquiry should be entitled to the same facilities, privileges and immunities provided for in respect of the members of the Committee, under article 23 of the Convention. 19. The Government of Brazil was cooperative and supported the visit. It respected the above principles and, both in the Federal District and in the states, took necessary measures to enable the Committee members to carry out their programme of work and to guarantee their security. As a result, the Committee members were able to visit places of detention and talk in private with all the detainees they asked to see. In addition, they were able to hold unimpeded discussions with representatives of NGOs. They informed all the people they spoke with of the purpose of their visit and of its confidential nature. 20. The Committee members encountered difficulties on 22 July 2005, when they travelled to the Jason Albergaria Regional Penitentiary, located in the municipality of São Joaquim de Bicas outside Belo Horizonte, where they were denied entry despite the efforts of the official from the Ministry of Foreign Affairs. In addition see paragraphs 120 and 128 of this report. IV. BACKGROUND INFORMATION A. Brazil as a federal State 21. Brazil is a federal republic composed of 26 states and a Federal District. Individual states are vested with a high degree of autonomy. They elect their executive branch and legislature, and hence, may adopt laws in accordance with the principles of the 1988 Constitution. Furthermore, they are responsible for their respective State Public Prosecutor’s Office and State Judiciary (with access to the federal courts as a final place of appeal). 22. The Penal Code (Law No. 2,848 of 7 December 1940), the Code of Criminal Procedure (Decree Law No. 3,689 of 30 October 1941) and the Law on Execution of Sentences (Decree Law No. 7,210 of 11 July 1984) are federal legislation. However, States are responsible for their observance and administration, if the crime falls within their respective jurisdictions. There are certain federal crimes, which fall under the responsibility of the federal State, and hence are dealt with by members of the federal police and federal judiciary. However, the majority of crimes remain under the jurisdiction of the individual State police forces and State judiciary.

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