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.
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