CAT/OP/BRA/2 repeats its request (Report para. 90) that the State party provide it with detailed information, including death certificates and autopsy reports, on the cause and circumstance of all deaths that have occurred in places of detention, as well as information in respect of independent investigations conducted in this connection. C. Reprisals 47. In its Preliminary Observations the SPT stated its serious concerns about the risk of reprisals against persons it interviewed, as well as the lack of appropriate control and safeguards against reprisals, (see Report paras. 59-62). Furthermore, and as indicated in the SPT’s Report, the SPT received information that reprisals took place in at least one of the places of detention visited, namely the Nelson Hungaria female prison. The SPT repeats its strong condemnation of these and any other acts of reprisals that have taken place, and which represent a contravention of Brazil’s international obligations. The SPT is particularly concerned that the Brazilian Reply does not answer its recommendations relating specifically to this matter in its Reply. 48. The SPT reminds the State of its recommendations at paragraphs 61 and 62 of the visit Report, and requests that the State launch an immediate investigation into the matter, and into any other allegations of reprisals, and that it holds those found responsible to account. The SPT requests to be informed specifically of measures taken in this regard and to be kept informed of progress. 49. The SPT regrets that Brazil has not provided it with the report of the National Human Rights Ombudsman on the visits which, according to Brazil’s Reply to the Preliminary Observations, the office was due to undertake in relation to reprisals in Nelson Hungaria. The SPT requests to be sent this report forthwith, and if it does not yet exist, why it does not. The SPT at the very least requests confirmation of whether and if so, when, the visit took place, details of the findings and action that has been taken subsequent to it. 50. In its Report, the SPT has highlighted the apprehension of inmates who were reluctant to request medical assistance based on experiences of punishment for making such requests (Report, paras. 44-45). The SPT takes note of Brazil’s Reply (Reply para. 121) which indicates the protocol that purportedly instructs health teams in respect of promoting human rights. The SPT remains concerned however, that the answer does not indicate measures by which checks can be made to ensure no reprisals have taken place, which may include reprisals after the requested medical examination. 51. Though it takes note of Brazil’s assurance that ‘these issues [of reprisals where medical attention is requested] will be more thoroughly addressed and assured,’ the SPT is concerned by the vagueness of this. In particular, it reminds the State that even where safeguards and strategies may be in place at law and policy levels, they need to be both specific, implementable and be implemented to have an impact. The SPT requests that Brazil supply further specific details of how it will follow up to ensure reprisals have not occurred, and address the matter appropriately where it does. The SPT further takes the opportunity to remind the State of the value a fully functional, independent and well-resourced NPM could bring to this endeavor, as a mechanism for follow up whose recommendations the Brazil authorities could take forwards to improve on this record and address underlying issues. 11

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