CAT/OP/BRA/2
prosecuting and penalizing it accordingly, in a manner that is consistent with the
gravity of the offenses committed.
60.
The SPT further emphasizes its recommendation that the wages of police and
prison personnel should be reviewed, on the basis that low pay for detaining staff is
one of the root causes of corruption and other ill-treatment of detainees, and which,
by extension, exposes detainees to the risk of ill-treatment and exploitation by
criminal gangs.
61.
The SPT welcomes measures that have been put in place to provide training to state
penitentiary officers in human rights, which includes training in human rights and on
minimum standards for handling inmates (Reply paras. 67-77). It is further encouraged by
the establishment of State Penitentiary Schools as centres of excellence and considers this a
facility that the State can exploit to train penitentiary staff on these issues. The SPT
requests Brazil to confirm what percentage of penitentiary staff in Brazil have
received training from these centres, whether such centres are present in all states in
Brazil, and if not, whether there are plans to establish such centres in all states and a
timeframe for doing so. The SPT also requests details of plans to extend training to all
detaining staff nationwide, and a realistic timeframe in which this can be achieved.
The SPT recommends the integration of the “zero-tolerance” of both torture and illtreatment and corruption into all relevant training provided by training to all prison
staff and police.
62.
The SPT repeats its recommendation that Brazil adopt a plan of action that
includes objectives, measures and deadlines to implement the recommendations at
paragraph 58 of its Report, and requests to receive details of this, including
timeframes and means for its effective implementation.
VII. Physical conditions in detention facilities
A.
Police custody
63.
The SPT indicated a significant problem of overcrowding in police facilities
(Report, para. 75). This included in some cases extreme overcrowding sufficient to
constitute a sever form of ill-treatment. The SPT notes Brazil’s reiteration of standards,
including minimum space allotted to detainees and cell capacity (Reply, paras. 45-49).
However, the SPT is gravely concerned that Brazil’s opinion that Resolution 9’s
‘determinations are widely heeded’ is neither consistent with, nor supported by the situation
in police, and indeed prisons, that was seen by the SPT during its visit.
64
Recalling its overriding concern that safeguards and standards stated in law are not
implemented in practice, ie. in prisons and police stations themselves, the SPT reiterates its
recommendations at paragraph 76 of its Report, and trusts that the Brazilian authorities will
take immediate steps to prevent the extreme levels of overcrowding described in the
Report. This includes taking steps to ensure all relevant safeguards and standards are
implemented in practice.
65.
In the light of consistent allegations received by the SPT that police facilities were
often in very poor condition, (Report para. 77), and recalling its recommendation at
paragraph 78 of its Report, the SPT requests details of whether a national audit into the
material state of police facilities has been either undertaken or is planned. The SPT further
requests details of the outcome of the audit and any action plan that has been developed to
address its findings, or, - if it has not yet been undertaken,- details of when it is planned to
be carried out and its report finalised.
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