E/CN.4/1998/38
page 9
Moreover, under Brazilian law only a medical examination authorized by a
police authority was valid in court. This meant that victims of possible acts
of torture or ill-treatment would be reluctant to seek such authorization for
fear of reprisals, thus making it difficult to obtain evidence.
30.
The Brazilian Forensic Medicine Society and the Brazilian Society of
Forensic Criminology Experts had apparently been seeking financial and
administrative autonomy from the police since 1989 and had proposed
legislative initiatives to this effect. The Government, however, was said not
to have attached priority to this matter. To date, only in the State of Amapá
had forensic services ceased to be subordinate to the police authorities and
they now reported directly to a secretariat linked to the Governor's Office.
31.
It was also reported that doctors had been asked to indicate the
physical cause of death in autopsy forms but had not been instructed to
include comments on the means which had provoked the death, nor had they been
instructed about submitting the kind of information that might be relevant to
a legal investigation. Therefore, important data were often lost.
32.
The Special Rapporteur also received information that the police, both
civil and military, and also the federal police, frequently resorted to
torture in much of the country. Contributory factors were the lack of
training and the impunity usually enjoyed by those responsible. Moreover, the
legislature still had not adopted measures to criminalize torture. Although
the lower house had approved the appropriate bill on 2 July 1996 it was still
pending in the Senate.
33.
The Special Rapporteur also transmitted to the Government information on
three individual cases and one urgent appeal together with the Special
Rapporteur on extrajudicial, summary or arbitrary executions.
Bulgaria
34.
By letter of 11 July, the Special Rapporteur advised the Government that
he had received information on what was alleged to be a substantial incidence
of torture or other ill-treatment inflicted by members of the police against
street children, especially those of Roma ethnicity. The ill-treatment, which
was said to take place both at the time of arrest and during detention at
police stations, was allegedly carried out to intimidate or to extract a
“confession”. The children so detained were reportedly sometimes picked up on
suspicion of such crimes as theft, but might also be arrested as part of
generalized “street sweeps”. The abuse reported included beatings with fists,
boots, electric shock batons, clubs, chains, rubber hosing, boxing gloves or a
metal rod with a ball attached to its end (beech) and beatings on the soles of
the feet, sometimes with electric batons (falaka). Detained children who were
held at police stations were said frequently to be held without beds, blankets
and sometimes without food or use of toilets. The parents of such detainees
were reportedly rarely informed of their detention. Children were also
reported to be sometimes held together in lock-ups with adult detainees.
35.
The Special Rapporteur also informed the Government of newly received
allegations concerning seven persons, two of them minors. In connection with
a number of cases transmitted in 1996 on which replies had been received, the