CAT/OP/PRT/1
(a)
Take steps to assist the mechanism in making its mandate and its work
better known to the general public;
(b)
Ensure that the mechanism is recognized as a key component of the
country’s system for preventing torture and ill-treatment;
(c)
Contribute to making the work of the mechanism more visible by, for
example, organizing awareness-raising campaigns and other promotional activities,
including the production and distribution of materials on the mandate and the
activities of the national preventive mechanism to persons deprived of their liberty,
public authorities, civil society organizations, lawyers, members of the judiciary and
the general public;
(d)
Include information on the mechanism in training programmes for law
enforcement bodies;
(e)
Engage with a broad spectrum of stakeholders, especially in civil society,
concerning the work of the mechanism.
III. Overarching issues
A.
Institutional framework
33.
The Subcommittee welcomes the “zero tolerance” policy against torture
demonstrated by the representatives of the State party during the visit and the establishment
of a well-developed legal system aimed at preventing torture and ill-treatment. However,
while acknowledging that torture is prohibited both in the Constitution and in national
legislation, the Subcommittee notes that the State party has not implemented the
recommendation of the Committee against Torture to bring the definition of torture into full
conformity with article 1 of the Convention against Torture (CAT/C/PRT/CO/5-6, para. 7).
34.
The Subcommittee welcomes the integration of human rights in the training and
educational curriculum for law enforcement and prison personnel. It encourages the State
party to ensure that the educational programmes for State officials dealing with
detained and arrested persons include international standards relating to torture and
ill-treatment and that all professionals involved in documentation and investigation of
torture and ill-treatment receive adequate training on the Manual on the Effective
Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment (the Istanbul Protocol).
35.
The Subcommittee welcomes the acknowledgement of the State party during the
visit that Mental Health Act No. 36 of 24 July 1998 needs to be revised to bring it into
compliance with the Convention on the Rights of Persons with Disabilities. The
Subcommittee is concerned at the inadequate supervision of the implementation of chapter
II of this Act on a compulsory internment regime. While the Act creates a commission for
follow-up on the implementation of the compulsory internment regime that reports to the
Government on an annual basis, the Subcommittee is also concerned that the reports are
largely procedural and provide very little detail on the actual implementation of chapter II
of the Act. The Subcommittee is further concerned that the commission reports that it
seriously lacks resources, receives little cooperation from public and private institutions,
including hospital managers and courts, and does not receive responses to requests made
within the scope of its mandate and that the proposals it makes are disregarded.9
36.
The Subcommittee recommends that the Mental Health Act be revised without
further delay to bring it into compliance with the Convention on the Rights of Persons
with Disabilities and that the monitoring of the current chapter II be strengthened,
9
Comissão para Acompanhamento da Execução do Regime do Internamento Compulsivo, Relatório de
Atividades Relativo a 2016, and Relatório de Atividades Relativo a 2017 (Activities of the
commission for follow-up on the implementation of the compulsory internment regime, annual
reports 2016 and 2017).
7