CAT/OP/BRA/2
more detailed comments on steps that are being taken, and which are planned to
ensure the observance of safeguards including in particular, those stated at paras. 64,
66, 68, 70, and 72 of the SPT’s Report.
IX.
Other mechanisms and policies for preventing and
combatting torture in Brazil
71.
The SPT welcomes details of mechanisms and policies designed to prevent and
combat torture and ill-treatment, which are additional to the NPM and its regional
counterparts. The SPT highlights in particular, Brazil’s ‘Master Plan’ (Reply, paras. 51-83),
which aims ‘to bring together the federal and state governments to improve prison
conditions in Brazil,’ and the Section V of its Reply.
A.
Penitentiary system’s Master Plan
72.
With regard to the Master Plan, which ‘lists a set of actions to be carried out by the
states and the Federal District in the short-, medium-, and long-term, the SPT requests
details of how, and how often progress of this plans implementation will be reviewed,
and how and by whom its implementation will be ensured.
73.
In respect of the Plan’s objectives (its ‘Targets’), the SPT recommends that to
this list of targets Brazil consider adding the establishment of a fully independent,
fully functional and resourced NPM, the establishment of regional preventive
mechanisms such as that in Rio, and the training of detaining staff and police in zerotolerance policies in respect of torture and ill-treatment and corruption.
B.
Community Councils
74.
Having regard for Community Councils mentioned in Brazil’s Reply (paras. 81-83,
and 153), the SPT requests further information about the structure and functioning of these
Councils. The SPT takes note that these Community Councils are ‘criminal execution
agencies that function through social participation with the objective of safeguarding the
rights of inmates and inspecting the local application of penitentiary policies.’ The SPT
welcomes all additional oversight of the implementation of policies which it sees as
essential for the prevention of torture and ill-treatment.
75.
The SPT requests details of;
(a)
how the Councils are constituted, eg. who are their members, how are
they appointed, are they affiliated to state agencies or are its members independent,
(b)
their mandate and powers,
(c)
whether Community Councils exist and are functioning in all states, and
oversee all places of detention across Brazil,
(d)
if not all regions of Brazil have a Council, whether, and against what
timeframe, it is intended that those regions without one will see one established,
(e)
Council’s methods of working, and in particular how they achieve the
aim of ‘safeguarding the rights of inmates and inspecting the local application of
penitentiary policies.’ In particular the SPT wishes to know how regularly they visit
penitentiary facilities, whether they visit all such facilities within their jurisdiction
regularly, and how they follow up to ensure implementation.
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