E/CN.4/2001/66/Add.2
page 58
(x)
There needs to be a permanent monitoring presence in every such institution and
in places of detention of juveniles, independent of the authority responsible for the institution.
The presence would in many places require independent security protection;
(y)
Basic and refresher training for police, detention personnel, public prosecutors
and others involved in law enforcement that would include human and constitutional rights
subjects, as well as scientific techniques and other best practices for the professional discharge of
their functions, needs to be provided urgently. The United Nations Development Programme’s
human security programme could have a substantial contribution to make here;
(z)
The proposed constitutional amendment that would under certain circumstances
permit the federal Government to seek Appeal Court authorization to assume jurisdiction over
crimes involving violation of internationally recognized human rights should be adopted. The
federal prosecutorial authorities will need substantially increased resources for them to be able
effectively to discharge the new responsibility;
(aa) Federal funding of police and penal establishments should take account of the
existence or otherwise of structures to guarantee respect for the rights of those detained. Federal
funding to implement the previous recommendations should be available. In particular, the law
on fiscal responsibility should not be an obstacle to giving effect to these recommendations;
(bb) The Government should give serious and positive consideration to accepting the
right of individual petition to the Committee against Torture, by making the declaration
envisaged under article 22 of the Convention against Torture and Other Cruel, Inhuman or
Degrading Treatment or Punishment;
(cc) The Government is also urged to consider inviting the Special Rapporteur on
extrajudicial, summary or arbitrary executions to visit the country;
(dd) The United Nations Voluntary Fund for the Victims of Torture is invited to
consider sympathetically requests for assistance by non-governmental organizations working for
the medical needs of persons who have been tortured and for the legal redress of their grievance.
Notes
1
Initial report on the implementation of the Convention against Torture and Other Cruel,
Inhuman or Degrading Treatment or Punishment submitted by the Government of Brazil
(CAT/C/9/Add.16), paras. 80, 82, 83. Unpublished as of this writing.
2
According to the office of the prosecutors for juvenile offences, Imigrantes held more
than 1,400 youths while its official capacity was 320.
3
A number of states, such as São Paulo and Pará, have nevertheless passed supplementary
prison laws.
4
Article 144, (0) IV and (6), Constitution of the Federative Republic of Brazil.
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