CAT/OP/BRA/1
that the person was sentenced, as described above. In other cases, the person was still
awaiting trial.
72.
The use of police facilities to hold persons for prolonged periods of time is
completely inappropriate. The SPT recommends that the appropriate authorities take
urgent steps to transfer persons being held for prolonged periods of time in police
facilities to the place of detention appropriate to their situation.
(f)
Staffing
73.
The SPT is concerned by the general problems of insufficient staffing and related
corruption in the police. As a concrete example, the SPT could observe that the
“concentradora” police facility Polinter Grajaú was under the control of a “militia”. The
SPT was deeply concerned by the tense atmosphere in that facility and by the way in which
it was managed, and refers to section III.E.
74.
The SPT recommends that the State party allocate an appropriate budget that
is sufficient to ensure that the police force is comprised of well-motivated,
appropriately salaried staff, sufficiently trained in modern forensic investigation
techniques, and with a proper awareness of human rights approaches. Internal
monitoring mechanisms should be put in place to ensure officers’ compliance with
international human rights standards.31 The appropriate authorities should
implement stringent internal policies with suitable investigation and punishment
mechanisms, aimed at eradicating the practice of allocating any form of authority
over police facilities to criminal gangs or other groups.
2.
Conditions of detention
(a)
Overcrowding
75.
The SPT received consistent allegations about the general overcrowding of police
facilities, and could itself observe situations of overcrowding. Notably, in Polinter Grajaú,
the SPT found cases of severe overcrowding in certain cells. In addition, the SPT received
credible allegations that one of the cells in this particular police facility (cell 14, measuring
approximately 7 m²) was consistently used to hold an extreme quantity of persons pending
their transfer to the pre-trial prison Ary Franco. The SPT considers that subjecting detainees
to extreme overcrowding constitutes a severe form of ill-treatment.
76.
The State party should immediately take steps to prevent the extreme levels of
overcrowding described.32 A minimum amount of floor space per detainee should be
stringently respected, in accordance with international standards, in all police
facilities in the country.
(b)
Material conditions
77.
The SPT noted that efforts had been made to refurbish some police facilities, such as
police station 76 in Niterói. However, in the “concentradoras”, the SPT found cause for
concern as regards the material conditions of the holding facilities. With regard to other
states, the SPT received consistent allegations that police facilities were often in very poor
conditions. Persons detained in police facilities were often held in dilapidated, filthy and
31
32
Including the United Nations Code of Conduct for Law Enforcement Officials, adopted by General
Assembly resolution 34/169.
The Principles and Best Practices on the Protection of Persons Deprived of Liberty in the Americas
(“Inter-American Principles”) OEA/Ser/L/V/II.131 doc. 26), principle XVII.
13
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