CAT/OP/BRA/3
I. Introduction
1.
In accordance with its mandate under the Optional Protocol to the Convention
against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, the
Subcommittee on Prevention of Torture carried out its second visit to Brazil from 19 to 30
October 2015.
2.
The Subcommittee members conducting the visit were Víctor Madrigal-Borloz
(head of delegation), Marija Definis-Gojanovic, Enrique Andrés Font, Nora Sveaass and
Victor Zaharia. The Subcommittee was assisted by three Human Rights Officers from the
Office of the United Nations High Commissioner for Human Rights (OHCHR), United
Nations security officers and interpreters.
3.
The first regular visit to Brazil by the Subcommittee took place from 11 to 30
September 2011 and the visit report (CAT/OP/BRA/1) was transmitted confidentially to the
State party on 8 February 2012. On 15 October 2012, the Government submitted an
extensive commentary on the Subcommittee’s report. On 30 May 2013, the Subcommittee
replied to the State and on 28 February 2014, the Government transmitted its second
response to the first reply of the Subcommittee, providing additional information about the
further steps undertaken to implement the recommendations of the Subcommittee,
including the establishment of a national preventive mechanism. In the spirit of constructive
dialogue and cooperation with the Subcommittee, the State made public the
Subcommittee’s visit report as well as the subsequent responses and replies.
4.
Against this backdrop, the Subcommittee designed its 2015 visit with the objective
of providing advice to the State from four different perspectives: the measures taken by the
State to implement the 2011 recommendations of the Subcommittee; the design,
implementation and furtherance of the National System to Prevent and Combat Torture; the
public policy measures adopted to prevent torture; and unannounced visits to places of
detention not formerly visited.
5.
The Subcommittee visited four states (the Federal District of Brasilia, Amazonas,
Pernambuco and Rio de Janeiro) and conducted more than 20 visits to places of deprivation
of liberty, including prisons, pretrial detention centres, police stations, correctional
institutions for women, juvenile facilities, penitentiary hospitals and forensic institutions
(see annex I), in which it carried out observations as well as group and individual
interviews with persons deprived of their liberty. The Subcommittee held a series of
meetings with the relevant authorities, including with the Federal Government, state
governments, prison authorities and police. The Subcommittee met with the representatives
of the recently established national preventive mechanism, as well as with the preventive
mechanisms of Pernambuco and Rio de Janeiro. The Subcommittee observed the work of
the national preventive mechanism and the local mechanism of Pernambuco during visits to
places of deprivation of liberty. The Subcommittee also met with several dozen civil
society representatives as well as United Nations representatives (see annex II).
6.
At the conclusion of the visit, the Subcommittee presented orally its confidential
preliminary observations to the federal authorities and to the national preventive
mechanism. In the present report, the Subcommittee presents its findings and
recommendations on implementation of the Subcommittee’s previous recommendations
and new recommendations stemming from the visit. This report uses the generic term “illtreatment” to refer to any form of cruel, inhuman or degrading treatment or punishment. 1
1
In accordance with article 16 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment.
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