CAT/OP/BRA/1
107. The SPT concluded that the material conditions of this institution generally did not
comply with national regulations, 40 nor with relevant international standards, and that
detention in such conditions amounted to inhuman and degrading treatment.
108. The SPT reiterates the call made in its preliminary observations to the State
party for the immediate closure of Ary Franco prison. Subsequently, this facility
should either be closed down definitively or completely restructured and refurbished.
109. The SPT urges the State party to take the necessary steps to ensure that
conditions of detention in the country’s prisons are brought in line with the Standard
Minimum Rules for the Treatment of Prisoners. A plan of action on prisons should be
drawn up and disseminated, aimed at ensuring that the basic needs of all persons
deprived of their liberty are met. As a matter of priority, the State party should
conduct a nation-wide audit into the material conditions of Brazilian penitentiary
facilities, with a view to establishing and implementing cleaning, renovation and
refurbishment programmes.
110. Pre-trial detainees interviewed in Viana II complained about the high temperatures
in their cells during warm weather and that a number of inmates had developed breathing
problems due to poor ventilation. Furthermore, the toilet facilities inside the quadruple
occupancy cells (approximately 8 m²) were of a design that offered little privacy.
111. Appropriate steps should be taken to remedy the deficiencies concerning the
temperature, insufficient ventilation and sanitary facilities in the cells.
(c)
Sunbath and activities
112. The SPT received allegations of insufficient access to the minimum of one hour
daily exercise as provided for in international standards.41 The appalling material conditions
of the Ary Franco facility were exacerbated by the fact that inmates were locked up in their
overcrowded cells, without proper ventilation or natural light, continuously for up to two or
three weeks (only ten prisoners from each cell had access on a rotating basis to one hour
sunbath per week). In the Viana II maximum security penitentiary, the regime was limited
for the majority of pre-trial prisoners to one hour of outdoor exercise per day, and only a
reduced number of inmates had access to work and education programmes. Inmates
explained that they had no access to books of their choice.
113. The SPT noted that there were few opportunities available to inmates to participate
in meaningful activities, although some facilities provided some opportunities. At Nelson
Hungria, the SPT noted that 330 inmates were attending classes in the school, which
included primary, secondary and university-level education. The range of activities offered
to inmates in Coronel Odenir Guimarães-CPP’s Módulo de Respeito was good. However,
other units within the same facility were found to be lacking any meaningful opportunities
for education, work and recreation.
114. The SPT recommends that all inmates without exception be given access to a
minimum of one hour daily exercise in the open air. The SPT recommends that the
relevant authorities increase their efforts to provide all inmates with purposeful
activities and improve the programme of activities offered in penitentiary
establishments nation-wide.
40
41
18
Regras Mínimas.
SMRTP, rule 21.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents