CAT/OP/BRA/3 interrogation. The Subcommittee considers that the holding of custody hearings has significant potential for detecting and preventing torture and other forms of violence by police officers. It welcomes the August 2015 decision of the Federal Supreme Court on Ação Direta de Inconstitucionalidade 5240, rejecting a challenge to the constitutionality of mandatory custody hearings in the State of São Paulo. 26. The Subcommittee also welcomes a separate decision by the Federal Supreme Court (in Arguição de Descumprimento de Preceito Fundamental 347) in September 2015, finding that the Brazilian prison system represents an unconstitutional state of affairs due to serious chronic and structural dysfunctions that threaten prisoners’ fundamental rights. The Court recognized the need for urgent reform and ordered the implementation within 90 days of a policy of holding custody hearings no more than 24 hours after arrest, as well as the release of necessary budgetary resources from the National Penitentiary Fund. 27. The Subcommittee is pleased to note the Government’s deployment of a pilot programme for holding custody hearings. According to figures provided by the National Justice Council, by mid-October 2015, over 20,000 such hearings had been held and had a significant impact on the reduction of pretrial detention. For example, in the State of Rio de Janeiro, almost 43 per cent of the 194 detainees appearing for custody hearings between 18 September and 13 October 2015 were released. Overall, approximately 47 per cent of detainees presented for custody hearings in Brazil by mid-October 2015 had been released. The immediate decrease in the number of detainees alleviated pressure on the overcrowded penitentiary system and generated significant collateral benefits for the State, including projected financial savings of approximately R$ 4.3 billion by December 2016. 3 The Subcommittee welcomes this ambitious programme designed to ensure that all persons deprived of liberty receive a prompt custody hearing. 28. The Subcommittee commends the State party on the legal steps it has taken to establish a system of custody hearings, and urges it to fully implement them throughout the country. 29. While appreciating the potential of custody hearings to improve the criminal justice system, the Subcommittee observes that custody hearings in Brazil are not designed to prevent torture and ill-treatment. Statistics provided by the Government indicate that detainees complained about violent acts in detention facilities at approximately 6 per cent of the custody hearings held throughout Brazil as of mid-October 2015. Government statistics further indicate, worryingly, that nearly 20 per cent of detainees involved in a study of 186 custody hearings in the State of Rio de Janeiro between 18 September and 14 October 2015 stated that they had been subjected to torture or ill-treatment by police officers upon arrest. However, the Subcommittee did not receive concrete information in response to its queries concerning specific cases where such allegations had been investigated through an impartial process conducive to remedial action. 30. Moreover, on the basis of the information it received, the Subcommittee is not persuaded that judges are likely to observe and take action in response to signs of physical or mental ill-treatment by police agents, or that judges and public defenders routinely inquire into how a detainee was treated upon arrest, transport and pre-hearing detention. The Subcommittee recognizes the challenges in implementing due process safeguards throughout the vast geographic territory of Brazil, where there are approximately 16,500 judges. However, in order for custody hearings to realize their potential as tools for detection of torture, victims must be given the opportunity to report abuse without fear of reprisals, and relevant public officials must be properly trained to exercise vigilance for signs of torture and follow up appropriately. 3 8 See www.stf.jus.br/portal/cms/verNoticiaDetalhe.asp?idConteudo=298112.