E/CN.4/2001/66/Add.2
page 43
some instances they had been deprived of their belongings and their clothes. The limit
of 30 days was not always respected, as some prisoners alleged to have been kept in isolation or
punishment cells for more than two months. In most cases, if not all, detainees in punishment
cells declared that they had been placed there upon the decision of the director of the prison or
the head of security. They had not been heard by any other body such as the disciplinary council
referred to above. They had therefore not been able to give their interpretation of the facts or to
ensure their defence. Many of them did not know for how long they would be kept in isolation
or punishment cells. This was particularly flagrant in the case of Anibal Bruno Prison (State of
Pernambuco) where the Special Rapporteur, who had been given the list of punishments by the
prison authorities, found himself informing the detainees of the reasons for, as well as the length
of their punishment. A number of detainees referred to collective punishment (see above and
annex). In particular, visits were said to have been suspended indiscriminately for all prisoners
for events involving only some of them.
4. External monitoring
128. With respect to external monitoring of prisons, the LEP identifies seven mechanisms
responsible for penal execution, six of which have prison monitoring functions,50 namely the
National Council of Criminal and Penitentiary Policy,51 penal execution judges, public
prosecutors, the Penitentiary Council (i.e. local prison councils), the Penitentiary Department and
the Community Council. In particular, it must be noted that the penal execution judges,52 as well
as the public prosecutors,53 must inspect penitentiaries on a monthly basis to verify that the LEP
provisions are respected. The Penitentiary Council, which must consist of professionals and
academics working on penal law appointed by the state governors, have a similar obligation54
and must present to the National Council on Criminal and Penitentiary Policy a report on its
findings during the first trimester of each year. Finally, according to the LEP, each district
should establish a Community Council composed of individuals from different professions55
which has the duty to “visit, at least once a month, penal establishments in the area, interview
prisoners, present monthly reports to the penal execution judge and to the Penitentiary Council,
work towards the acquisition of material and human resources for better assistance for prisoners
and detained persons, in cooperation with the director of the establishment.”56 It must be noted
that in the State of S��o Paulo, there also exists an Administrative Internal Affairs Division of the
Penitentiary System that belongs to the State Secretariat for the Penitentiary Administration and
is responsible for the inspection of detention facilities. Finally, the Special Rapporteur notes the
crucial role played in monitoring respect for human rights by the Prison Ministry (Pastoral
Carceiraria) which has quasi-official status and has access to all places of detention on a
countrywide basis. It was nevertheless regretted that the Prison Ministry lacked sufficient
personnel resources in some places to carry out its functions properly despite the dedication of its
members.
129. Despite all these provisions, it is reported that inspections of detention facilities have in
many instances been hampered by prison authorities. According to a prosecutor met by the
Special Rapporteur in Brasilia, public prosecutors are not allowed to visit either police stations or
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