CAT/C/39/2
page 5
PART ONE: REPORT OF THE COMMITTEE
I. INTRODUCTION
1.
In accordance with article 20 of the Convention against Torture and other Cruel, Inhuman
or Degrading Treatment or Punishment (hereinafter referred to as “the Convention”) if the
Committee against Torture (hereinafter referred to as “the Committee”) receives reliable
information which appears to it to contain well-founded indications that torture is being
systematically practised in the territory of a State party, the Committee shall invite that State
party to cooperate in the examination of the information and, to this end, to submit observations
with regard to the information concerned. The Committee may subsequently decide to designate
one or more of its members to undertake a confidential inquiry which may include, with its
agreement, a visit to the territory of the State party concerned. The proceedings of the Committee
under these processes are confidential and at all stages the cooperation of the State party is
sought. After the proceedings have been completed, the Committee may, after consultation with
the State party concerned, decide to include a summary account of the results in its annual report
to the States parties to the Convention and the General Assembly.
2.
Brazil ratified the Convention on 28 September 1989. At the time of ratification it did not
declare that it did not recognize the competence of the Committee provided for in article 20 of
the Convention, as it could have done under article 28 of the Convention. The procedure under
article 20 is, therefore, applicable to Brazil.
II. DEVELOPMENT OF THE PROCEDURE
3.
In November 2002, the non-governmental organizations World Organization against
Torture and Action by Christians against Torture (ACAT-Brazil) submitted information1 to the
Committee on the alleged systematic practice of torture in Brazil and requested the Committee
to examine the situation in Brazil under article 20 of the Convention. This information
summarized a previous report prepared by seven Brazilian NGOs working with prisons and
detention centres concerning allegations of torture in the State of São Paulo for the period
between 2000 and 2002.2
1
“Information to the Committee against Torture submitted under article 20 of the
Convention against Torture and Other Cruel and Inhuman or Degrading Treatment or
Punishment concerning the situation in Brazil”, World Organization against Torture and
ACAT Brazil, 4 November 2002.
2
“Follow-up to torture allegations in the State of São Paulo 2000/2002”, a joint collaboration
between the following NGOs: Ação dos Cristãos para a Abolição da Tortura ACAT/Brazil;
Pastoral on Detention Centres/SP; Centre for Global Justice; AMAR; AFACE; Torture Never
Again; Psychotherapist’s Union/SP.