CAT/OP/BRA/3
65.
The Subcommittee urges the State party to immediately take action to ensure
that food and basic hygiene products are provided in sufficient quantities to female
occupants of detention facilities.9
6.
Juveniles
66.
The Subcommittee is dismayed by the approval of constitutional amendment No.
115/2015, reducing from 18 years to 16 the age at which an adolescent may be tried as an
adult for heinous crimes, bodily injury resulting in death and murder. The Subcommittee
expresses its opposition to this amendment.
67.
At a juvenile detention facility it visited, the Subcommittee found that the conditions
of detention did not accommodate juvenile-specific needs. Although it seemed that positive
steps had been taken to change from a punitive to a preventive approach, the Subcommittee
nevertheless discovered, through several interviews, that children and adolescents were not
given the special protection they needed from the moment of apprehension and that they
were exposed to consistent physical abuse and denied legal safeguards.
68.
The Subcommittee also received several reports of arbitrary detention of juveniles
linked to “Operation Summer”, a security operation intended to prevent beachfront crime
during tourist season in Rio de Janeiro. The Subcommittee was informed that numerous
poor juveniles who frequented the beaches were detained for no legal reason, and that the
local preventive mechanism was repeatedly denied access when attempting to visit the
shelters in which they were located.
69.
The Subcommittee is highly alarmed by the information provided by sources,
including the Government itself, that poor black youth are at greatly increased risk of arrest
and summary execution by the police. The Subcommittee also received numerous reports
from members of civil society that in some states, poor black youth are targeted by the
military police for arrests, excessive use of force and extrajudicial killings. In the juvenile
facility it visited in the State of Rio de Janeiro, the Subcommittee observed that a
conspicuously disproportionate number of detainees were black.
70.
The Subcommittee requests the State party to review its juvenile detention
practices and align them with international standards, especially those concerning
non-discrimination, the presumption of innocence, access to legal aid, the prohibition
on corporal punishment and the use of deprivation of liberty only as a measure of last
resort.10
7.
Gender and sexual minorities
71.
The Subcommittee is also concerned about the lack of visibility and protection in
detention facilities for gender and sexual minorities, such as lesbian, gay, bisexual,
transgender and intersex individuals. According to figures provided by the Government, 86
per cent of detention facilities do not maintain separate accommodation for such individuals.
72.
The Subcommittee recommends that the State party ensure that separate
accommodation is provided for gender and sexual minorities in all places of
deprivation of liberty. The Subcommittee also refers the State party to its recent
report entitled “Prevention of torture and cruel, inhuman and degrading treatment or
punishment of lesbian, gay, bisexual, transgender and intersex persons.”
9
10
See the Nelson Mandela Rules, rules 15 and 20 (1).
Convention on the Rights of the Child (especially arts. 2 (1), 37, 39 and 40); the United Nations
Standard Minimum Rules for the Administration of Juvenile Justice (the Beijing Rules) (especially
rules 7 (1), 15, 17 (1) (b) and (c) and 17 (3)); and the United Nations Rules for the Protection of
Juveniles Deprived of their Liberty (especially rules 1, 4, 63 and 67).
15
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