CAT/OP/BRA/3
(b)
Forensic medical institutes keep thorough records detailing allegations of
torture and ill-treatment and the steps taken to investigate such abuse. These records
should be cross-checked with police records and inconsistencies clarified during
investigation;
(c)
Forensic medical institutes become structurally and operationally
independent of the police and public security authorities;
(d)
Emphasizing that the Istanbul Protocol is an indispensable tool in
detecting, documenting, and deterring torture and ill-treatment, the State party
provide detailed information concerning its efforts to disseminate information about
the Istanbul Protocol and train relevant state agents (including forensic practitioners,
police officers, judges, public prosecutors and public defenders) in its implementation.
The Subcommittee requests that it be informed about the recipients, methodology and
results of the training.
3.
Data-gathering methods
23.
The Subcommittee welcomes the detailed 2014 joint report by the Ministry of
Justice and the National Penitentiary Department providing statistical analysis of numerous
aspects of the Brazilian penitentiary population and system. 2 However, the report does not
include information on the incidence of torture or ill-treatment of persons deprived of their
liberty, essential information for an understanding of State compliance with its obligations
under the Convention and Optional Protocol.
24.
The Subcommittee requests that the State party routinely collect and analyse
information on the incidence of torture and ill-treatment of persons deprived of their
liberty. The Subcommittee recommends improvement of data-gathering methods
relating to such incidents. A database of these incidents should include the following
basic features:
(a)
An indication of not only the number of cases but also a precise
description of the details of each incident, the investigation and follow-up provided by
the State and the stage of proceedings;
(b)
Security features and a system of control designed to ensure that the
data cannot be accessed by persons who might seek retribution against those
reporting ill-treatment;
(c)
An interface that allows for identification and analysis of trends;
(d)
A system of confidentiality and anonymity allowing for protection of the
identities of those providing and analysing data.
4.
Custody hearings
25.
The Subcommittee received information from the State that in 2015, over 40 per
cent of the prison population were being held in pretrial detention. In order to reduce
pretrial detention, the Subcommittee encourages the adoption of Senate bill No. 554/2011,
which modifies the Criminal Procedure Code to establish the formal right of detainees to a
custody hearing. Under this bill, which was adopted by the Senate in September 2015 and is
pending consideration by the Chamber of Deputies, every individual caught in the act of
committing a crime must be brought before a judge within 24 hours of arrest, which will
allow for a decision on whether the suspect is to be detained and for the immediate
identification of potential signs of torture and ill-treatment by police during arrest and
2
See www.cnj.jus.br/files/conteudo/arquivo/2015/11/080f04f01d5b0efebfbcf06d050dca34.pdf.
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