CAT/OP/BRA/1 93. The State party should ensure the effective separation of remand detainees and convicted prisoners in accordance with its obligations under international human rights law.33 The SPT reiterates the concern and recommendation expressed by the Special Rapporteur on extrajudicial, summary or arbitrary executions that “prisons must be run by the wardens, not by inmates. The practice (…) of forcing new prisoners who have never belonged to any gang to choose one upon entry into the system is cruel and causes the size of gangs to swell”.34 Allocation to a cell or block should be based on objective criteria. (c) Maximum security prisons 94. In response to a situation of severe prison overcrowding, the State of Espírito Santo adopted a plan to construct 26 new prison establishments, some of which follow a “supermax” model. Some of these new facilities were visited by the SPT. Admittedly, these were clean and overcrowding did not constitute a problem. However, an extremely harsh and repressive regime was observed. At Viana II pre-trial male prison, the SPT observed that prisoners’ movements within the unit itself were the subject of strict control through the application of group discipline. The SPT is concerned about the psychological sequelae of the regime applied in these prisons and the possibility of the model used in Espírito Santo being followed in other Brazilian states. 95. The SPT considers that these types of facilities should not be the norm, and should be avoided especially in the case of pre-trial detainees. The SPT further considers that the possible replication of this model of incarceration by federal authorities in other states should be a matter of further study. 2. Conditions of detention (a) Overcrowding 96. In almost all facilities visited the number of inmates exceeded the facility’s maximum capacity. The SPT found alarming levels of overcrowding at Coronel Odenir Guimarães - Casa de Prisão Provisória (Goiás), and in Ary Franco prison. As a result, inmates had to take turns to sleep on the floor on thin foam mattresses in extremely poor condition. The SPT was also informed that judges seem to avoid imposing alternative sentences, even for first offenders, as well as of recent legislation that restricts this possibility, thus contributing to prison overcrowding. 97. The SPT calls on the State party to re-evaluate its public security policies, and to take the appropriate short- and long-term steps in order to reduce overcrowding in prisons.35 Inmates should be provided with accommodation that respects international standards, due regard being paid to cubic content of air and minimum floor space, inter alia.36 Every prisoner shall be provided with a separate bed and clean bedding.37 98. The SPT recommends that the State party promote the application of noncustodial measures by the judiciary, in accordance with international standards. 38 33 34 35 36 37 38 16 ICCPR, article 10. A/HRC/8/3/Add.4, para. 21 (h). Inter-American Principles, principle XVII. SMRTP, rule 10. SMRTP, rule 19. United Nations Standard Minimum Rules for Non-custodial Measures (the “Tokyo Rules”).