A/HRC/31/57/Add.4
123. Like their counterparts for adults, many juvenile detention facilities suffer from
excessive overcrowding. Adolescents spend most of their time in their rooms with little or
no time spent in communal areas or outside. Many take their meals inside their rooms.
124. The Special Rapporteur is concerned at the lack of implementation of the
socioeducational dimension of the juvenile justice system. Young people are supposed to
continue their schooling at the socioeducational centres; however, classes are often
cancelled due to a lack of guards available to oversee the classes. Similarly, recreational
activities are also sparse or non-existent.
125. He notes with concern the absence of a functioning complaint mechanism allowing
young people to submit complaints regarding their treatment without fear of reprisal or a
worsening of the situation.
126. Both inmates and staff testified to a constant lack of basic provisions, such as
blankets, soap, sanitary napkins, shaving blades, mattresses, plastic gloves and laundry
service, leading to negative impacts on hygiene and health, including skin diseases and
other maladies.
127. The Special Rapporteur did not visit the “connector” in the São Paulo-Guarulhos
Airport, where in early 2015 it was reported that detained refugees and migrants held upon
their arrival in the country waited many days to have their cases heard, under very poor
conditions and without communication or access to lawyers or interpreters. The federal
Government and local authorities took action to improve those conditions and the premises.
128. While physical, medical and nutritive shortages and inadequacies constitute an
overall problem in Brazil’s penitentiary system, the Special Rapporteur stresses the
asymmetrical impacts they have on certain groups, including women and girls (in particular
while pregnant, giving birth or breastfeeding, of if they are accompanied by children) and
persons with disabilities.
Health services
129. From a medical point of view, with few exceptions, conditions of detention in places
visited suffered from significant deficiencies regarding basic sanitation and access to
drinkable water, edible food, and medical and psychological attention.
130. The extreme lack of sanitation found in most places visited, combined with the
presence of highly contagious diseases — tuberculosis, leprosy and hepatitis — and
overcrowding, have turned prisons, especially those for male inmates, into places where
prevention of disease is a permanent and unmet challenge.
131. The national health plan for the penitentiary system and the national policy on
comprehensive health care for people deprived of liberty in prison set out the principle that,
in theory, the public health system covers all inmates. This is not the case in practice,
however. Due to severe overcrowding, health services in prisons are critically lacking
capacity to effectively accomplish their mission of providing basic medical attention to
inmates.
132. All facilities visited had infirmaries, which provide a minimum of comfort and
privacy; however, none had the adequate physical or technical facilities required for a
thorough forensic examination. They had a basic staff of technicians and a sporadic
presence of health professionals, mainly physicians, dentists and psychologists. The Special
Rapporteur received numerous reports from inmates claiming they had not seen a doctor in
months, or ever. In all of the prisons visited by the Special Rapporteur, he saw a doctor
present in only one of them, a prison for women.
19
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