CAT/OP/BRA/3
from appointing members to the mechanism who hold positions that could raise
questions of conflict of interest (see CAT/OP/12/5, paras. 12 and 18).
86.
The Subcommittee recommends that the Federal Government provide both the
necessary human resources and adequate funding for the effective functioning of the
national preventive mechanism through a specific budget line, in addition to granting
the mechanism the institutional autonomy to use its resources. The necessary
resources should be provided to permit the effective operation of the mechanism,
which should enjoy complete financial and operational autonomy when carrying out
its functions under the Optional Protocol. Resources should be assured through a
separate line in the annual budget and should be predictable, to allow the national
preventive mechanism to develop its annual workplan and visits and to plan its
cooperation with other partners.
87.
The Subcommittee emphasizes that the national preventive mechanism should
complement rather than replace existing systems of oversight in Brazil, and its
functioning should take into account effective cooperation and coordination between
preventive mechanisms in the country. The Subcommittee recommends that the
budgets of the National Committee and the National Mechanism be separated. The
National Mechanism, in cooperation with the National Committee, should clearly
separate their respective mandates so that they can carry out all aspects of their
respective mandates in a manner that avoids actual or perceived conflicts of interest.
88.
The Subcommittee further recommends that the State party build the capacity
of newly appointed staff members of the national preventive mechanism and intensify
training of all participants in the work of the mechanism. The Subcommittee also
recommends that the mechanism continue to develop its capacity through increasing
cooperation with the Subcommittee, as well as through engagement with other
national and state preventive mechanisms.
89.
The Subcommittee also recommends that the State party encourage the
National System to Prevent and Combat Torture in general, and the National
Mechanism to Prevent and Combat Torture in particular, to engage more directly
with civil society organizations, including, at a minimum, through their increased
participation in visits by the national preventive mechanism and in its dialogue with
the authorities.
90.
The Subcommittee also recommends that the State party increase the visibility
of the national preventive mechanism, including through activities that raise
awareness of the Optional Protocol and of the mechanism’s mandate; its
recommendations should be prominently discussed and addressed. To this end, the
Subcommittee recommends that the mechanism enhance its advocacy with institutions
where persons are deprived of their liberty, with relevant ministries and with
legislators. The Subcommittee also recommends that the State party support such
exchanges.
91.
Finally, the State authorities and the national preventive mechanism should
enter into a meaningful process of continuous dialogue with a view to the
implementation of the recommendations which the mechanism may make, with the
aim of improving the treatment and the conditions of the persons deprived of their
liberty and to prevent torture and other ill-treatment or punishment. The State party
should publish and widely disseminate the annual reports of the national preventive
mechanism, including transmitting them to the Subcommittee, in accordance with
article 23 of the Optional Protocol. The Subcommittee urges the State party to
establish an institutional forum for the discussion of and follow-up to such reports.
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