A/HRC/28/68/Add.1
72. He welcomes the efforts by the Government to diminish deficiencies in the penal
system, improve prison infrastructure, ensure access to justice and train staff throughout the
justice system at both federal and national level. The Rapporteur takes note of the steps
taken to investigate the cases of Messrs. Josivaldo Pinheiro Lindoso and Sildener Pinheiro
Martins; however, he regrets that, on the date of the dispatch of the reply, investigations
into the case of the latter were still ongoing. He welcomes the measures taken to
compensate the families of the victims of the arson attack.
73. The Rapporteur also takes note of the fact that investigations have been conducted
into the allegations of sexual abuse of female partners of prisoner; however, he regrets that
those investigations, on the date of the dispatch of the reply, have not been able to
document any incidents.
74. Notwithstanding, the Rapporteur concludes that the Government of Brazil, by failing
to ensure the physical and psychological integrity of the prisoners in question, their female
partners, and other victims in question, including a 6-year-old girl, has violated his right to
be free from torture or cruel, inhuman or degrading treatment, as provided by articles 1 and
16 of the CAT.
(b)
JAL 17/07/2014 Case No. BRA 5/2014 State Replies: 19/09/2014 and
11/11/2014
Allegations concerning cruel, inhuman or degrading treatment or punishment which
men, women and juveniles are subject to in holding cells of police stations in the State
of Mato Grosso do Sul due to the overall conditions of detention and, in particular,
overcrowding, limited access to medical care and poor hygiene.
75. The Special Rapporteur thanks the Government of Brazil for its replies, dated 19
September 2014 and 11 November 2014, respectively, to the present communication.
76. The Rapporteur acknowledges the comprehensive account of the Government in
response to the concerns, legal obligations and questions raised in the initial
communication.
77. He takes note of the information provided by the Government that expands on the
condition and occupants of each detention center by location. He welcomes the
Government’s progress towards combatting overcrowding in facilities and its realization
that health services provided to inmates needs to be expanded.
78. Notwithstanding, the Rapporteur concludes that the Government of Brazil, by
maintaining deplorable conditions in detention centers, such as in access to lawyers,
healthcare, and overcrowding, violates the right of men, women and juveniles in holding
cells of police stations in the State of Mato Grosso do Sul, to be free from cruel, inhuman or
degrading treatment, as provided by articles 1 and 16 of the CAT.
79. The Special Rapporteur acknowledges the efforts of the Government of Brazil to
comply with its international obligations under the CAT and welcomes further
communication of those efforts.
(c)
JAL 04/09/2014 Case No. BRA 8/2014 State Reply: 10/12/2014 Allegations of threats
and attacks against Ms. A, and the attack against her family and the raid on her
home.
80. The Special Rapporteur thanks the Government of Brazil for its reply, dated 10
December 2014, to the present communication.
81. The Rapporteur acknowledges the comprehensive account of the Government in the
response to the concerns, legal obligations and questions raised in the initial
communication.
15
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