CAT/OP/BRA/2
It is the SPT’s view that the Brazilian authorities have placed far too much credence on the
implications of Brazil’s federal structure. The Brazilian government apparently regards a
failure to implement its law and policies in practice at the regional level as the
responsibility of local level authorities, and thus out of the Central State’s hands or control.
As stated above, this approach is neither satisfactory nor acceptable and the SPT
looks forward to receiving the views of the Central authorities on this matter and to
engaging in further discussions on this complex and sensitive matter.
36.
While the SPT is grateful of having received details of a nationwide ‘Master Plan’,
(see comments below), the SPT takes note that details of this plan have been supplied as a
substitute to detailed answers requested by the SPT, for example, with respect of the
outcomes of investigations (eg. Report para. 90). The SPT takes this opportunity to repeat a
number of its recommendations which it takes to be of great import, but which, regrettably,
have not yet been answered fully by the State of Brazil.
37.
In addition, the SPT requests Brazil’s assurance that the Central State
authorities will take all available steps to ensure the implementation of the Master
Plan’s provisions at all levels of the State, particularly its implementation at the local
level of territorial States. The SPT requests details of Brazil’s plans, - and would
welcome in particular, a detailed plan of action, - of any measures it will put in place
to ensure such implementation.
A.
Allegations of torture and ill-treatment
38.
Recalling its recommendation at para. 86, the SPT calls for the Brazilian
authorities to ensure that there is a zero-tolerance policy in respect of torture and
other ill-treatment. Included in this is that the States should condemn firmly and
publicly any act of torture and take all steps necessary to prevent torture and illtreatment. Preventive steps include inter alia, that;
(a)
all allegations or information about torture or ill treatment are followed
up with a timely, independent and impartial inquiry which, if allegations or
information are found to be credible, proceeds to prosecution and appropriate
sanctions that reflect the seriousness of the crime,
(b)
the establishment of an efficient complaints system, which is not only
accessible and well publicised to detainees, but which is also established in a manner
that protects the confidentiality of complaints (ie. complaints must not be passed
through the hands of the detaining authorities, and certainly never read by them), and
which guarantees safety from reprisals,
(c)
the establishment of a national register of all allegations of torture and
other forms of ill-treatment, and
(d)
the provision of well-structured training to all detaining staff that
underscores the State’s zero-tolerance approach to torture and which emphasises the
importance of good practices.
39.
The SPT recommends that Brazil take positive steps to ensure that such
protective measures are implemented in practice, and looks forward to Brazils
comments and plans as to how it can achieve this.
40.
At paragraph 129 of its visit Report, the SPT made some specific recommendations
relating to consistent allegations of ill-treatment by prison guards, and by the Special
Operations Services. The SPT reminds Brazil of these recommendations and requests
the State’s assurance that it has taken steps to implement these measures. The SPT
requests to know, in particular, how the State has ensured the penetration of a zero9