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persons deprived of their liberty. The use of solitary confinement should be reviewed
and restricted. Complaints of torture and other cruel, inhuman or degrading
treatment in prisons and places of temporary detention should be promptly and
impartially investigated and brought to the attention of the criminal courts.
Optional Protocol
22.
The Committee takes note of the State party’s decision to reject ratification of the
Optional Protocol to the Convention and its claim that this role is already performed by the
human rights committees constituted by the Office of the Ombudsman and prisoners, on the
grounds that the internal regulations (resolution No. 5927/2007) of the National
Penitentiary and Prison Agency (INPEC) provide a mechanism to guarantee the human
rights of prisoners by means of a consultative and decision-making process within the
committees of each prison, in which prisoners and the offices of the Public Prosecutor and
the Ombudsman participate directly. Although the Committee notes that the initiative to set
up human rights committees in prisons is a positive development, it is concerned that such
mechanisms are supervised by INPEC and do not constitute an independent preventive
mechanism as provided for by the Optional Protocol (art. 2 of the Convention).
The Committee recommends that the State party ratify the Optional Protocol to the
Convention as soon as possible, the better to prevent violations of the Convention.
Human rights defenders
23.
The Committee reiterates its concern about the stigmatization of human rights
defenders and their families, the high incidence of threats, the frequent attacks on their
safety and the lack of effective protection measures. The Committee is concerned that they
have been placed under surveillance and have had their telephones tapped by
Administrative Department for Security (DAS) agents, as have other actors in civil society
such as trade unionists, non-governmental organizations and journalists (art. 2 of the
Convention).
The Committee urges the State party to put an immediate end to the harassment by
DAS agents of human rights defenders and other civil society actors upholding human
rights, and to punish those responsible for practices stigmatizing human rights
defenders. The State party should ensure that effective protection is made available
for human rights defenders and others whenever they have been threatened on
account of their activities.
Witness protection
24.
The Committee is concerned about the frequent threats made against witnesses in
cases involving torture and other cruel, inhuman or degrading treatment. The Committee is
particularly concerned about the harassment and murders of witnesses and victims who
have taken part in trials held under Act No. 975 of 2005. In spite of the protection
programmes in place, the Committee considers that the State party has not fully complied
with its duty to ensure the safety and integrity of witnesses and victims (art. 13 of the
Convention).
The Committee urges the State party to adopt effective measures to guarantee the
safety and integrity of witnesses and victims and to strengthen protection programmes
with additional resources. The Committee urges the State party to pay special
attention to the protection and interim measures issued by the Inter-American
Human Rights System and to take immediate and effective measures to ensure
compliance with them.
GE.10-42033
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