CAT/OP/BRA/3
8.
Foreign nationals
73.
In prisons in the State of Rio de Janeiro, the Subcommittee observed that foreign
detainees were not given consistent access to interpretation services and had limited access
to counsel and health care.
74.
The Subcommittee recommends that the State party ensure that foreign
detainees have access to interpretation services and are able to consult with counsel
and health-care personnel as needed.
V. Implementation of the Optional Protocol: National System to
Prevent and Combat Torture
75.
In accordance with its article 17, Brazil should have established or designated a
national preventive mechanism at the latest one year after its ratification of the Optional
Protocol in 2007. Since the ratification, the State has conducted internal reviews and public
consultations on an appropriate model for such a mechanism. The national preventive
mechanism bill was presented to the Subcommittee during its first visit to Brazil in 2011. In
its first visit report the Subcommittee had recommended that the State party introduce the
necessary changes to guarantee an open, transparent and inclusive process, in particular of
civil society, for the selection and appointment of the members of the mechanism. The
Subcommittee had further recommended that provision be made for gender balance and
ethnic and minority representation in the membership of the mechanism. The
Subcommittee commends the changes introduced to the draft law following its first visit,
which allowed for improving the level of transparency of the new bodies created by the
federal law. The Subcommittee nevertheless emphasizes the importance of gender balance
in the composition of the membership of the national preventive mechanism.
A.
Institutional framework for the prevention of torture at federal level
76.
The Subcommittee welcomes the adoption of federal law 12.847 of 2 August 2013
establishing the National System to Prevent and Combat Torture, 11 and federal decree 8.154
of 16 December 2013 regulating the functioning of the National System to Prevent and
Combat Torture, the composition and functioning of the National Committee to Prevent and
Combat Torture and the National Mechanism to Prevent and Combat Torture. 12
77.
The Subcommittee observes with great interest the composite structure created by
the State, which demonstrates that the prevention of and combat against torture is seen and
acknowledged as a systemic task that depends on a multiplicity of institutions and State
organs.
78.
The Subcommittee acknowledges the complexity of the federal State and took note
that the National System to Prevent and Combat Torture is comprised of a variety of
institutions and bodies, including the National Committee to Prevent and Combat Torture,
the National Mechanism to Prevent and Combat Torture, the National Penitentiary
Department, the National Council on Criminal and Prison Policies, and local committees to
prevent and combat torture at state level. 13 The role of the National System is to integrate
all these bodies and institutions and to hold an annual meeting.14
11
12
13
14
16
See www.planalto.gov.br/ccivil_03/_Ato2011-2014/2013/Lei/L12847.htm.
See www.planalto.gov.br/ccivil_03/_Ato2011-2014/2013/Decreto/D8154.htm.
Article 2 of federal law 12.847.
Article 4 of decree 8.154.
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