E/CN.4/2001/66/Add.2
page 57
imprisonment. When dealing with ordinary criminality, they should also be reluctant, when
alternative charges are available, to proceed with charges that prevent the grant of bail, rule out
alternative sentences, require closed-regime custody, and limit progression of sentences;
(p)
For the same reason, the law on heinous crimes and other relevant legislation
should be amended to ensure that often long periods of detention or imprisonment are not
imposable for relatively low-level criminality. The crime of “disrespecting authority” (desacatar
functionario publico no exercisio de sua function)77 should be abolished;
(q)
There should be sufficient public defenders to ensure that legal advice and
protection are available for every person deprived of liberty from the moment of arrest;
(r)
Greater use should be made of and the necessary resources provided for such
institutions as community councils, state councils on human rights and police and prison
ombudsmen. In particular, fully resourced community councils, which include representatives of
civil society, notably human rights non-governmental organizations, with unrestricted access to
all places of detention and the power to collect evidence of official wrongdoing, should be
established in each state.
(s)
The police should be unified under civilian authority and civilian justice. Pending
this, Congress should approve the draft law submitted by the federal Government to transfer to
the ordinary courts jurisdiction over manslaughter, causing bodily harm and other crimes
including torture committed by the military police;
(t)
Police stations (delegacias) should be transformed into institutions offering a
public service. The “clean police stations” (delegacias legais) being pioneered in the State of
Rio de Janeiro is a model to be emulated;
(u)
A qualified medical professional (a doctor of choice, where possible) should be
available to examine every person on being brought to and on leaving a place of detention.
He/she should also have the necessary medicines to meet the detainees’ medical needs and the
authority to have the detainees transferred to a hospital independent of the detaining authority if
those needs cannot be met. Access to the medical profession should not be dependent on the
personnel of the detaining authority. Professionals working in institutions of deprivation of
liberty should not be under the authority of the institution, nor the political authority responsible
for it;
(v)
The forensic medical services should be under judicial or other independent
authority, not under the same governmental authority as the police; nor should they have a
monopoly of expert forensic evidence for judicial purposes;
(w)
The appalling overcrowding in some provisional detention facilities and prisons
needs to be brought to an immediate end, if necessary by executive action, for example by
exercising clemency in respect of certain categories of prisoners, such as first-time non-violent
offenders or suspected offenders. The law requiring separation of categories of prisoner should
be implemented;
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