A/HRC/31/57/Add.4 last resort, and detention conditions often do not correspond to the specific needs of this group, as described below. Currently, more than 20,000 children are serving sentences. Afro-Brazilian community 27. Numbering 50.7 per cent of the total population, Afro-Brazilians account for merely 20 per cent of gross domestic product; 78 per cent live below the poverty line, while 40 per cent have completed less than seven years of schooling, and are affected significantly more than the overall population by nearly every possible negative indicator. 28. According to Infopen, in 2014 about 67 per cent of Brazil’s total prison population was classified as “black” or “mulatto”. 29. Afro-Brazilians are at a significantly higher risk of mass incarceration, police abuse, torture and ill-treatment, medical neglect, being killed by the police, receiving higher sentences than their white counterparts for the same crime and suffering discrimination in prison — suggesting a high degree of institutional racism. 30. In addition, Afro-Brazilians are gravely impacted by serious crime: death by homicide is 87 per cent higher among Afro-descendants than in the population as a whole; in some regions, the number of homicides among Afro-Brazilians is more than 400 per cent higher than among other groups. The Special Rapporteur heard worrying reports of police involvement with death squads that are terrorizing black communities. 31. He notes that on 4 March 2015 the Chamber of Deputies of the federal Congress created a commission for investigating the violence perpetrated against Afro-Brazilian youth. Lesbian, gay, bisexual, transgender and intersex persons 32. The Special Rapporteur notes with concern that little data exist on lesbian, bisexual, transgender and intersex people in conflict with the law in Brazil. Few people declare themselves as such in prison, the great majority of incidents are not reported due to fear of retaliation from the perpetrator(s), and there is little interest in mapping such incidents. 33. From the information available, the Special Rapporteur understands that they are the target of systematic threats and serious harm to their physical and psychological integrity, including sexual violence and killings during arrests and detention, by police and penitentiary agents, as well as by fellow inmates. 34. Joint resolution 1/2014 of the National Council on Criminal and Penitentiary Policies and the National Lesbian, Gay, Bisexual and Transgender Council provides that lesbian, bisexual, transgender and intersex persons are entitled to specific wings and cells. Compulsory transfers are, in principle, considered a violation, but the resolution foresees no sanctions in the event of breaches. In terms of access, according to Infopen, in 2014 only about 5 per cent of establishments had special cells for this group. The resolution is unclear about how and by whom searches of lesbian, bisexual, transgender and intersex people must be conducted. Implementation is left up to each institution, and there are no sanctions for non-compliance. 35. The joint resolution is undoubtedly a positive step; however, the Special Rapporteur is concerned that it could contribute to the further exclusion and isolation of such persons, depending on how it is implemented. 36. In terms of access to health services, lesbian, bisexual, transgender and intersex persons are, relative to the rest of the prison population, likely to be additionally affected by inadequacies stemming from overcrowding. In that regard, the joint resolution establishes 8

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