CAT/OP/BRA/1
44.
The SPT met with cases of serious neglect, including inmates with grave chronic
conditions, broken limbs or other wounds that were not treated. Inmates expressed their
apprehension for requesting medical assistance, based on their experience of punishment by
prison guards or ill-treatment while being transported to hospital.
45.
The SPT recommends that clear instructions be imparted to prison authorities
that no inmate shall be punished for requesting medical assistance. The SPT
recommends that security policies for transfers of persons to external healthcare
facilities be reviewed.
46.
Material conditions in most medical units were appalling and medical equipment
and medication was lacking.
47.
The SPT recommends that material conditions of prisons’ medical units be
immediately improved, and that adequate equipment and necessary pharmaceuticals
be provided.
48.
From pregnant inmates and mothers with babies in prison, the SPT received
allegations of lack of obstetrics care and delay in applying the necessary vaccines to infants,
in contradiction with Brazilian laws.19
49.
The SPT recommends that pregnant women be given regular advice on their
health by a qualified health practitioner. The SPT recommends that children living
with their mothers in prison be provided with on-going healthcare services and that
their development be monitored by specialists.20
50.
During its visit to institutions for children and adolescents, the SPT observed bruises
and other types of untreated injuries. Injuries were allegedly dismissed and frequently
covered up by medical staff as accidents. The SPT considers this to be in contradiction with
ethical principles subscribed to by the medical profession. 21 Medical staff interviewed
acknowledged the presence of guards in medical consultations with children or adolescents.
51.
The SPT recommends that the State party impart clear instructions to
physicians working in places of deprivation of liberty that no suspected acts of torture
or ill-treatment shall be concealed or ignored and that they must be reported to
relevant authorities. Medical examinations should be carried out in strict
confidentiality. As a rule, guards should be out of sight and hearing, otherwise their
presence should be entered into the medical record. Medical files shall be kept
confidential.
D.
Impunity
52.
Impunity for acts of torture was pervasive and was evidenced by a generalized
failure to bring perpetrators to justice, as well as by the persistence of a culture that accepts
abuses by public officials. In many of its meetings the SPT requested, but was not provided
19
20
21
Brazilian Law 7210/1984, art. 14.3; Regras Mínimas para o Tratamento do Preso no Brasil (Regras
Mínimas), CNPCP resolution no. 14, of 11 November 1994, art. 16.
United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women
Offenders (the “Bangkok Rules”), adopted by General Assembly resolution 65/229, rules 48 and 51.
Principles of Medical Ethics relevant to the Role of Health Personnel, particularly Physicians, in the
Protection of Prisoners and Detainees against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment, adopted by United Nations General Assembly resolution 37/194 of 18
December 1982; Declaration of Tokyo, adopted by the 29th World Medical Assembly, Tokyo,
October 1975.
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