CAT/OP/BRA/1
(b)
Material conditions
99.
Among the penitentiary institutions visited by the SPT, the material conditions of
detention varied considerably from one establishment to another. At Coronel Odenir
Guimarães-CPP, the conditions also differed between facilities or cellblocks. For example,
cellular accommodation in the Módulo de Respeito (Block 2A) provided good living
conditions. However, the quarantine cell for newly-arrived detainees accommodated at the
time of the visit nine inmates, with no bedding and completely inadequate sanitary
facilities. The worst conditions were observed in Block 4B, where recidivists convicted of
violent crimes were held.
100. The SPT recommends that inmates be treated on an equal basis and in a nondiscriminatory manner. Living conditions should be harmonized so as to guarantee
non-discrimination and eliminate possible sources of pressure and/or means of
extortion of inmates. Allocation of an inmate to a particular cell or block within a
prison should take place in accordance with formal objective criteria, and should be
recorded in a transparent manner in the inmate’s personal file.
101. The Brazilian authorities are requested to provide information on actions taken
to review the use of quarantine cells for newly-arrived detainees, so that they comply
with international standards.
102. At Nelson Hungria, prisoners were accommodated in large-capacity dormitories (50
beds), where meals were also served. Toilet and bath facilities offered little privacy.
Inmates at Petrolino de Oliveira female prison complained that there was no hot water for
washing.
103. The SPT recommends that the authorities draw up a plan to progressively
replace large dormitories with smaller living units. The SPT further recommends that
deficiencies in the sanitation infrastructures in penitentiary institutions be remedied,
with due consideration to international standards.39
104. The material conditions in Ary Franco prison reflected a pronounced disregard for
the dignity of inmates. The most dilapidated cells were seen on the underground floor of the
main building, especially in the areas for inmates needing protection from other inmates
(“seguro”). Corridor A, a dedicated unit for protected inmates, had an official capacity of
296 but was accommodating 457 inmates at the time of the visit. The bulk of the unit’s
accommodation consisted of 21 multi-occupancy cells (30m²), each containing two sets of
bunk beds with a non-partitioned latrine and sink or shower. Each cell held up to 30
prisoners, with approximately half of them having to sleep on the floor without adequate
bedding.
105. Cells in Ary Franco were generally dark, filthy, stuffy and infested with cockroaches
and other insects. The heavy overcrowding and poor maintenance of the cells resulted in
conditions that created serious health problems for the inmates, such as mycosis and other
skin and stomach diseases. In some cells, the SPT could see that the sewage system from
cells on the above floors was seeping through the ceiling and walls.
106. In addition to the deplorable state of accommodation facilities, there was a general
lack in the provision of hygiene items, clothing, mattresses and other essential items. The
SPT received information from inmates that the cost of soap was eight reais and that toilet
paper cost 50 cents, which many inmates could not afford.
39
SMRTP, rules 12-13.
17
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