CAT/OP/BRA/1
154. The SPT recommends that the State party improve the infrastructure of this
facility, in accordance with its therapeutic objective. The SPT recommends the
improvement of the working conditions of staff, in particular the mental health team,
and the provision of regular training opportunities, including on drug-addictionrelated topics. Drug addicts should be transferred from places of detention to
specialized centres in order to benefit from special care services and treatments.
2.
Experimental Health Unit, São Paulo
155. This facility held six young adults (20 to 22 years old), who had been sentenced for
serious crimes committed when they were underage. The SPT was positively impressed by
the material conditions of this unit, as well as by the inmate/staff ratio and by the
professionalism of the technical team in charge.
156. This unit was created under the aegis of the predecessor of Fundaçao CASA and was
later transferred under the São Paulo health secretariat by virtue of an executive decree. The
experimental health unit was not a unit for socio-educational measures nor was it foreseen
in the ECA. It was also not a prison or remand centre, nor a hospital for custody and
treatment. Those confined in this unit had already served their maximum 3-year sentences
as juveniles. Nevertheless, they remained in detention for an unlimited period of time due
to their alleged dangerousness. The SPT is gravely concerned about the legal situation of
those held in this centre, and about the mental suffering that an indefinite detention may
cause.
157. The SPT recommends that the experimental health unit be deactivated. The
SPT also recommends strict respect of the provisions of the ECA, pursuant to which
the maximum period of internment for children and adolescents should not exceed
three years and release shall be compulsory at the age of twenty-one.52
52
Estatuto da Criança e do Adolescente, art. 121, paras. 3 and 5.
25
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