A/HRC/31/57/Add.4
71.
He takes note of bill No. 4.471 of 2012, which is pending congressional approval,
requiring due investigation of deaths and injuries resulting from the actions of state agents.
Despite noting that no reference is made to “state agents’ omission”, he is encouraged at the
prospect that this legislation will prevent violence, determine responsibilities and ultimately
overcome impunity. He notes that measures similar to those in that bill are already being
applied to some extent in some states, and that other states might benefit from their lessons
learned.
72.
The Special Rapporteur welcomes an envisaged “report on organized crime and its
control over the prison system”, which he understands is aimed at addressing the problem
of cooperation between officials and organized criminal groups.
Documentation of torture and the role of the Medical-Legal Institute
73.
Documentation of torture, ill-treatment and death in custody (including natural and
violent deaths) is an important component in the fight against impunity. The Special
Rapporteur therefore expresses concern at the above-mentioned underreporting and lack of
appropriate documentation.
74.
Investigations of allegations of torture, ill-treatment and death in custody are not
always, or even regularly, complemented with scientific examination of the victims
conducted by specialists trained in legal medicine, which leads to a disturbing lack of
documentation of torture and ill-treatment and, in turn, contributes to impunity.
75.
Detainees, authorities and non-governmental organizations (NGOs) unanimously
report that examination and questioning about injuries are very rare, that medical
examinations are conducted very sporadically in both detention centres and prisons, and
that those cursory medical examinations which do take place are deficient in quality, and
often carried out in the presence of the officers who are presumptively responsible for the
torture and ill-treatment.
76.
The Special Rapporteur expresses concern that forensic services in Brazil, including
the Medical-Legal Institute, are marked by a profound lack of training on international
forensic medical standards, such as the Manual on the Effective Investigation and
Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (Istanbul Protocol) and the Model Protocol for a Legal Investigation of
Extra-legal, Arbitrary and Summary Executions (Minnesota Protocol).
77.
The Medical-Legal Institute forms part of the Civil Police and reports to the public
security department of the respective state. The Special Rapporteur stresses the lack of
independence and the risk of undermining the impartiality of forensic examiners. If
impartiality is compromised, it renders forensic examinations and reports unreliable sources
of scientific evidence.
78.
In 2014, the National Council of Justice issued its recommendation 49, which
provides guidelines for judges on investigations of complaints of torture in the adult prison
and youth reform systems. Such guidelines are non-binding, however, which makes it
difficult to affirm the extent to which judges comply with them.
79.
There is a critical absence of an integrated system to monitor and map relevant data
related to violence and deaths caused by police and prison personnel. Starting in 2012, the
federal Government began investing in a national system to collect and disseminate
information on the matter, a very worthy endeavour that results in the periodic bulletin
called Infopen, cited often in the present report. Infopen, however, currently relies on
receiving information from the states, which receive information from the respective prison
units — a chain of information that is frequently interrupted or broken. With regard to
police stations, no systematic information-gathering exists.
13
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