CAT/OP/BRA/1
(e)
The investigation of allegations of corruption and, in cases where it is
suspected that a crime has been committed, the channelling of relevant information to
the Office of the Public Prosecutor.
(f)
The adoption of a plan action, which should include objectives, measures
and deadlines, to implement the above recommendations.
F.
Reprisals
59.
The grave concerns of the SPT regarding reprisals against persons interviewed, as
well as the lack of appropriate control and safeguards against reprisals, were stated in the
preliminary observations. The SPT welcomes the commitment of the National Human
Rights Ombudsman (Ouvidor Nacional dos Direitos Humanos) to monitor the places of
detention visited by the SPT, to investigate whether there were reprisals. 24
60.
According to information provided to the SPT immediately following the visit,
reprisals did take place in at least one of the places of detention visited, namely the Nelson
Hungria female prison. This violates Brazil’s specific obligations under OPCAT.
61.
The SPT expresses its strong condemnation of these and any other acts of
reprisals and requests the State party to launch an immediate investigation into the
matter and hold accountable those found responsible. The SPT reiterates its
recommendations made in the preliminary observations and emphasizes that those
providing information to international or national monitoring bodies or institutions
should not suffer any punishment or otherwise negative consequences for having
provided such information.
62.
The SPT requests to be kept informed of the State party’s activities to prevent
and investigate reprisals, and requests to be provided with a report of the National
Human Rights Ombudsman on its visits for these specific purposes, including on
measures taken in relation to the reprisals at Nelson Hungria prison.
IV. Situation of persons deprived of their liberty
A.
Police detention
1.
General issues
(a)
Information on the rights of detainees
63.
Many persons interviewed indicated that they had not been properly informed of
their rights at the time of arrest.25 Providing persons deprived of their liberty with
information on their rights constitutes a fundamental safeguard against arbitrary detention,
torture and ill-treatment.
64.
The SPT recommends that the State party ensure that instructions be given to
detaining officers to safeguard the effective and systematic implementation of the
right of each person deprived of liberty to be informed orally and in writing of his/her
rights during detention, in a language that they can understand, at the outset of
detention, and that this be recorded.
24
25
Reply of the State party to the confidential preliminary observations, dated 28 November 2011.
Body of Principles, principle 13.
11