E/CN.4/2001/66/Add.2
page 12
lock-ups. They understandably believed that their humiliation was perpetuated on purpose in
order to erode any sympathy on the part of the judges. The Special Rapporteur notes with
concern the comment of a guard who, when told that the prisoners feared reprisals for talking to
the Special Rapporteur and his team, told the detainees that, as they had behaved properly that
night, it would not be necessary to “do anything to them”.
2. Prisons
29.
On 25 August, the Special Rapporteur visited the Detention House (Casa de Detenção)
of Carandiru penitentiary where 7,772 prisoners were held in nine blocks. Detainees were
said to be divided according to the crime for which they had been sentenced. The official
capacity of the Detention House was 3,500, but the Director said that the prisoners themselves,
who had built new beds in their cells, had increased the capacity. In the blocks he visited, the
Special Rapporteur noted that first-time and repeated offenders were together. All detainees
complained about the poor quality of the food, which was mainly composed of pasta and rice
mixed together.
30.
In Block Four, the Special Rapporteur visited the punishment cells located in the
basement, commonly referred to as the dungeon. The cells measure approximately
nine square metres and contain a cement bed, a sink, and a hole as a toilet. Some detainees had
allegedly received a very thin mattress and a sheet the day before the visit. At the time of the
visit, the cells were without light, very smelly and dirty despite the fact that the main corridor
was being washed, according to the detainees for the first time for at least 20 days. Cells
intended for one person held two to five detainees. Most detainees had spent more than 20 days
in these cells and did not know the length of their punishment.
31.
A number of the prisoners in these cells claimed that they were being punished for having
refused to be transferred from their original block, Block Nine, to the wing where transvestites
and rapists are held as punishment for fighting among themselves. Before being sent to the
punishment cells, they had been severely beaten with iron bars and some had been forced to sign
a paper indicating they agreed to the transfer. Three detainees still had visible marks of torture
consistent with their allegations. The Special Rapporteur was informed that one detainee had
had his leg broken by the beatings and had been transferred, with two other seriously injured
detainees, a few hours before the Special Rapporteur’s visit. When the Special Rapporteur asked
to see them, he was told that two had been taken to court and were supposed to return shortly and
the other had been transferred to Mandaqui hospital. Several hours later, the Special Rapporteur
was told that two detainees were at the State High Security Prison where he was able to
interview Marcelo Fereira da Costa and Ronaldo Gaspar dos Santos, despite the fact that
they were in a state of shock and terrified of being subjected to reprisals after the
Special Rapporteur’s departure (see annex). The following morning, the Special Rapporteur
went to Mandaqui hospital to interview the third prisoner. Upon arriving at the hospital, he was
told that the prisoner had been sent back to the Casa de Detenção at 23.30 p.m.the previous
night. Finally, on 26 August, the Special Rapporteur met with Marcelo Miguel dos Santos who
was in a wheelchair (see annex).
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