CAT/OP/BRA/1
with, the number of individuals sentenced under the crime of torture. 22 Individuals
interviewed by the SPT did not expect that justice would be done or that their situation
would be considered by state institutions.
53.
The SPT recommends 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. 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.
54.
The SPT learned that police ombudpersons (“Ouvidorías”) and internal affairs units
(“Corregedorías”) did not have their own investigative capacity and relied on inquiries
conducted by the police, including in cases of alleged torture. This institutional
arrangement may prevent impartial inquiries and contribute to impunity.
55.
The SPT recommends that the integrity of the work of ombudspersons and
internal affairs units be guaranteed by strengthening their independence and
providing them with an effective investigative capacity.
E.
Corruption
56.
The SPT was seriously concerned about the numerous and consistent allegations of
corruption received. Examples included detainees bribing policemen 10,000 Brazilian reais
to be freed; police officers stealing evidence; detainees paying bribes in order to satisfy
basic needs, such as a sunbath; relatives having to pay in order to be able to visit detainees;
payments for protection, etc. The SPT received allegations that some people were being
held in a police facility pending their payment of a bribe in order to be transferred to a pretrial detention facility.
57.
In addition, corruption was evidenced by the almost complete control of certain
places of detention by organised criminal groups. Inadequate police salaries have been cited
as one of the root causes of corruption.23
58.
The SPT recommends:
(a)
The adoption and implementation by the highest police and prison
authorities of a firm and transparent “zero tolerance” policy towards corruption.
(b)
The training of police and prison officers and the review of wages to
police and prison personnel.
(c)
The adoption of measures to improve public scrutiny by civil society as a
means of increasing accountability.
(d)
The execution of campaigns to sensitize staff and the general public to
the need to combat corruption in places of detention and to make them aware of the
adverse consequences of corruption.
22
23
10
Pursuant to information provided by the State party after the visit, in April 2011 there were 160
persons charged with the crime of torture out of a prison population of 512,000.
A/HRC/14/24/Add.4, paras. 35-39.