CAT/OP/BRA/2 D. Impunity 52. As indicated in the SPT’s Report, impunity for acts of torture was pervasive and was evidenced by a generalized failure to bring perpetrators to justice, as well as the persistence of a culture that accepts abused by public officials. The SPT is gravely concerned that Brazil has failed to address this concern, and particularly its recommendation at paragraphs 53 and 55 of its Report directly. 53. The SPT repeats its recommendation at paragraph 55 of its visit Report that all allegations of torture and ill-treatment be thoroughly investigated as a matter of routine and that perpetrators be held accountable for their actions. As stated above, the State party should issue a strong condemnation, at the highest level of authority, declaring that torture will not be tolerated under any circumstances. This message of “zero-tolerance” of torture and ill-treatment should be delivered at regular intervals to all security forces and custodial staff, including through professional training. The SPT requests Brazil’s assurance that this is being done, and details of what has been done and is intended to be done (including timeframes) to implement these measures. 54. In addition, in many of its meetings the SPT requested, but was not provided with the number of individuals sentenced under the crime of torture (Report para. 52). The SPT repeats its request for this further information. E. Organised criminal groups and corruption 55. In its Report, the SPT noted the presences of organized criminal groups in nearly all of the prisons it visited (see Report para. 57). The SPT considers that this dangerous state of affairs exposes detainees to a significant risk of torture and ill-treatment and recommends that the State take urgent measures to address this problem in the light of the SPT’s reflections and recommendations in the visit Report. 56. In particular, the SPT observed that inmates’ personal files at Ary Franco included a statement by the inmate providing that he had agreed to be assigned to a particular cell under the control of a particular faction, and that he assumed responsibility for his own safety in that regard (Report, para. 92). The SPT considers this to be a dangerous practice and recommends that its prevalence within the country should be established and concrete steps taken to eradicate it 57. The SPT recommends also that the State undertake an audit of all prisons nationally to ensure that this practice does not occur in other prisons across the country. The SPT requests details of the outcome of this enquiry, and recommends the State develop a detailed plan of action, including timelines, to combat this problem. 58. During its visit, the SPT established a strong link between the control exercised by criminal gangs in penitentiary facilities and police corruption. The SPT takes note of Brazil’s Reply, and while it welcomes certain measures that are in place to address this (see below), it remains concerned that this still falls short of what is required to address this issue fully, as recommended in the SPT’s Report at paragraph 58. 59. The SPT repeats its recommendation at paragraph 58, and requests Brazil’s comments specifically on this recommendation and all of its aspects. The SPT highlights in particular its recommendation that a firm and transparent “zerotolerance” policy towards corruption is adopted and implemented at the highest police and prison authorities. This should be supported a strong message of this policy being made through training and a robust approach to rooting out corruption and 12

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