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
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