CAT/OP/BRA/2
or reprisals, and, where relevant, a fair criminal prosecution that results (if there is a
conviction) in the imposition of adequate sanctions proportionate to the gravity of the
crime,
(b)
awareness raising programmes, - including posters, accessible literature
and workshops, - informing detainees and defence lawyers of their rights, access to
complaints mechanisms etc.
(c)
ongoing training for all detaining staff, in all States, about legal
safeguards, and acceptable standards of detention, treatment and regime for detained
people.
24.
The SPT further recommends that the first of these particularly, - i.e. a zerotolerance approach, - should be regarded as a priority approach which is given
particular emphasis in training for all staff.
25.
In addition, to address and to help highlight the disconnect between law and
practice, the SPT recommends the implementation of regular independent oversight
through visits by members of the judiciary, the NPM (which the SPT hopes will soon
be established), the regional preventive visiting mechanism (where there is one, see
para. 32 below) and other groups such as NGOs.
V. National Preventive Mechanism
A.
NPM
26.
OPCAT, Article 17, obliges states to designate or establish a National Preventive
Mechanism within one year of its entry into force, that is in conformity with the provisions
set out in the Protocol and informed by the SPT’s Guidelines.
27.
The SPT wishes to highlight that the NPM for Brazil should have been designated
by February 2008, and that with a delay of some 5 years, it is failing to meet its
international obligations. The SPT takes note that draft legislation for the National
Preventive Mechanism is currently under review as a priority by the Chamber of Deputies.
Indeed, the SPT has recently learned (April 2013) that the Chamber of Deputies has
approved the Bill and that it must now be passed through Senate. The SPT recommends
that this process should be expedited and that the legislation should be in force with
the least possible delay. The SPT requests further details of the Bill’s status and
progress through Parliament.
28.
The SPT takes note of Brazil’s claim that the Bill is ‘consistent with the
requirements of independence, effectiveness, efficacy and politically feasible cooperation
among different institutions that have competence and attributions [sic] related to the
subject.’ (Reply, para. 166). Nevertheless, the SPT is very conscious that its own view of
the most recent draft legislation it has seen was not consistent with this position. (Report
para. 16). In particular, the SPT was concerned about the method for selecting NPM
Members which is not capable of ensuring the independence of NPM Members. The SPT
repeats the recommendation which it made at paragraph 17 of its visit Report. The
SPT further requests to be sent a copy, for its comment, on the most recent legislative
Bill as it is being decided before Parliament.
29.
The SPT is further concerned by the reference to ‘politically feasible cooperation’ in
the Brazilian Reply. This is not suggestive of full cooperation with the NPM, as OPCAT
would require and the SPT would expect. The SPT requests Brazil to clarify the
meaning of this phrase and details specifically of what cooperation is considered to be
7