CAT/OP/BRA/1
prohibition against unlawfully-obtained evidence, confessions, including confessions
obtained by torture, are reportedly used in judicial proceedings.
31.
The SPT strongly recommends that judges refuse to accept confessions when
there are reasonable grounds to believe that these have been obtained by means of
torture or ill-treatment. In such cases, judges shall immediately notify the prosecution
so an investigation can be initiated.
3.
Oversight and complaint mechanisms
32.
The SPT took note of the existence of oversight and complaint mechanisms in
several of the places it visited. These mechanisms included police ombudspersons
(ouvidorías), internal affairs units (corregedorías), and surveillance judges. However, the
SPT received several allegations from detainees interviewed about being punished for
submitting complaints and about not receiving an answer to them. Interviewees also alleged
that judges rarely visited them. The SPT wishes to emphasize that the mere existence of
complaints mechanisms is not enough; they must be, and must be seen to be, independent
and impartial, and should offer guarantees of effectiveness, promptness and
expeditiousness.
33.
In this regard, the SPT recommends that all persons deprived of their liberty
be informed about their right to submit direct and confidential complaints to the
authority responsible for the administration of the place of detention, to higher
authorities and to authorities with remedial powers. Information about this right
should be provided in a language they can understand and in writing at the time of
arrival at the place of detention, and should be made generally known throughout all
the places of detention, through signs or posters posted visibly in places of detention.
The right to submit complaints should be guaranteed in practice and complaints
should be received uncensored as to substance and be considered and replied to
without undue delay. No reprisals or other forms of prejudice should be suffered by
those making a complaint. Relevant authorities should keep a record of all complaints
received, including their nature, the institution where it originated, date of receipt,
date of decisions, the nature of decision and any action taken as a result. Such
registers shall be made available to external monitoring bodies.
4.
Institute for Forensic Medicine
34.
Most institutes for forensic medicine in Brazil are subordinated to the States’
Secretariats for Public Security, which control the police. The SPT is concerned that this
may impact negatively on the independence of forensic doctors and their capacity to
perform medical examinations without undue interference.
35.
The SPT recommends that forensic institutes be made fully independent from
public security secretariats. The SPT also recommends that the State party establish a
system of independent examinations in accordance with the Istanbul Protocol, 15 under
which qualified forensic doctors and psychologists shall carry out exhaustive
investigations when the doctor who has checked the detainee has grounds for
supposing that the person has been subject to torture and/or ill-treatment.
15
The Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment (the “Istanbul Protocol”), adopted in 1999, HR/P/PT8/Rev.1.
7