A/HRC/31/57/Add.4
143. Conditions of detention often amount to cruel, inhuman or degrading
treatment. Severe overcrowding leads to chaotic conditions inside facilities, and
greatly impacts the living conditions of inmates and their access to food, water, legal
defence, health care, psychosocial support, work and education opportunities, as well
as sun, fresh air and recreation.
144. Impunity remains the rule rather than the exception, partly owing to highly
deficient procedures and practices related to monitoring and documentation.
145. The Special Rapporteur welcomes the measures taken, or envisioned, at various
levels of government, to combat torture, ill-treatment and unnecessary deaths. He
urges the Government step up efforts to ensure nationwide and effective
implementation and enforcement of these measures, to safeguard its citizens.
B.
Recommendations
146. In a spirit of cooperation and partnership, the Special Rapporteur recommends
that the Government, with appropriate assistance from the international community,
take decisive steps to implement the recommendations outlined below.
147. With regard to legislation, the Special Rapporteur recommends that the
Government of Brazil:
(a)
Ensure effective implementation and enforcement of existing legislation,
and remove obstacles related to resource scarcity or inappropriate political priorities;
(b)
Use more assiduously and effectively the powers granted in law to
federal prosecutors to charge state and federal officials with violations of
constitutional norms, including the prohibition of torture and ill-treatment (currently
an exceptional measure that has never been used for these purposes);
(c)
Effectively implement and enforce existing law by conditioning federal
funding on state compliance;
(d)
Introduce effective measures to overcome overcrowding, backlogs and
bottlenecks, including with reference to best practices and lessons learned by the
states and other countries;
(e)
Introduce drug policy reform and develop standards for determining
purpose of possession based on fixed quantities;
(f)
Strengthen alternatives to punishment, such as prevention and treatment
of drug use;
(g)
Define and implement a more rigorous approach to legitimate arrests, to
abolish the current misuse of flagrancia;
(h)
By law, immediately expand the application of custody hearings to the
entire country, and ensure complete geographic coverage within each state;
(i)
Widen custody hearings to cover all categories of crime;
(j)
Encourage victims to speak up and take measures for the effective
documentation of torture or ill-treatment;
(k)
Eliminate constraints that presently prevent detainees from formally
denouncing, and the State from knowing, the precise prevalence of torture and
ill-treatment;
21
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