E/CN.4/2001/66/Add.2
page 54
165. The training and professionalism of police and other personnel responsible for custody
are often inadequate, sometimes to the point of non-existence. A culture of brutality and, often,
corruption is widespread. The few rich suspects, if deprived of liberty at all or even convicted,
can purchase tolerable or at least less intolerable treatment and conditions of detention than the
many who are poor and usually black or mulatto or, in rural areas, indigenous.
166. Relatively few allegations arose in respect of the federal level or the Federal District.
Torture and similar ill-treatment are meted out on a widespread and systematic76 basis in most of
the parts of the country visited by the Special Rapporteur and, as far as indirect testimonies
presented to the Special Rapporteur from reliable sources suggest, in most other parts of the
country. It is found at all phases of detention: arrest, preliminary detention, other provisional
detention, and in penitentiaries and institutions for juvenile offenders. It does not happen to all
or everywhere; mainly it happens to poor, black common criminals involved in petty crimes or
small-scale drug distribution. And it happens in the police stations and custodial institutions
through which these types of offender pass. The purposes range from obtaining of information
and confessions to the lubrication of systems of financial extortion. The consistency of the
accounts received, the fact that most detainees still bore visible marks consistent with their
testimonies and that the Special Rapporteur was able to discover in almost all police stations
instruments of torture as described by alleged victims such as iron and wooden bars make it
difficult to refute the numerous torture allegations brought to his attention. On two occasions
(see above paras. 35 (São Paulo) and 84 (Pará)), thanks to the information given by detainees
themselves, the Special Rapporteur was able to discover large wooden sticks on which had been
engraved by law enforcement officials laconic comments leaving no doubt as to their use.
167. In addition, conditions of detention in many places are, as candidly advertised by the
authorities themselves, subhuman. The worst conditions the Special Rapporteur encountered
tended to be in police cells, where people were kept for more than the 24-hour legally prescribed
period. The Special Rapporteur feels constrained to note the intolerable assault on the senses he
encountered in many of the places of detention, especially police lock-ups he visited. The
problem was not mitigated by the fact that the authorities were often aware and warned him of
the conditions he would discover. He could only sympathize with the common statement he
heard from those herded inside, to the effect that “they treat us like animals and they expect us to
behave like human beings when we get out”.
168. Brazil is an open society with a vigorous press. These conclusions will come as no
surprise to many in the country who are concerned to know the reality. The recommendations
that follow are mainly a compilation of best practice to be found in the country itself, albeit in
too sporadic and isolated measure. Indeed, several would merely require the authorities to obey
existing Brazilian law.
169. In the light of the foregoing, the Special Rapporteur has formulated the following
recommendations:
(a)
First and foremost, the top federal and state political leaders need to declare
unambiguously that they will not tolerate torture or other ill-treatment by public officials,
especially military and civil police, prison personnel and personnel of juvenile institutions. They
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