E/CN.4/2001/66/Add.2
page 22
were severely beaten by some 50 prison guards along with members of special forces of the
police using wooden clubs and iron bars, some with wires tied around them, for five or six hours.
The Director and Subdirector in charge of security were said to have participated in the beatings.
One detainee had been seriously wounded. On the same day, he had to appear in front of a
judge, who was believed to have ordered him transferred to a hospital. The 70 detainees in the
cell all bore visible and recent marks (bruises, haematomas and scratches on various parts of the
body) consistent with their allegations. They claimed that five detainees, who were said to be in
bad shape and whose names were given to the Special Rapporteur, had been taken out of the cell
just before the Special Rapporteur arrived. The guards said that the detainees had been taken to
the Forensic Medical Institute, but would be brought back to Muniz Sodré the same night if
vehicles were available. The Special Rapporteur waited for several hours but the detainees did
not appear. The Director assured him that the five detainees would be brought back.
61.
That night, the five detainees (Jailson Thaumaturgo da Rocha Junior, Alexandre Arantes,
Flavio Ailton da Silva, Paulo Sergio Souza de Oliveira and Roberto da Costa Santiago) were
individually interviewed by the Special Rapporteur. They confirmed the allegations made by
their co-inmates. They also confirmed that they had been examined by doctors of the IML in the
absence of any guards. All had severe injuries, some of which had required stitches, and large
bruises (see annex). Finally, they confirmed that the one whom they believed had been the most
seriously injured had been taken to court, from which he was said to have been sent directly to
hospital. The Special Rapporteur asked the Director to find out where this detainee was
currently held. After about an hour, the Director indicated that he had been transferred to
Vieira Ferreira Neto penitentiary. According to the Director, this detainee had been taken
there because he would otherwise have been subjected to violence from other inmates. Because
of the testimonies he received from his co-inmates, who were extremely worried about his
whereabouts and well-being, the Special Rapporteur does not think that this was a plausible
explanation of his transfer to another detention facility. In Vieira Ferreira Neto penitentiary, the
Special Rapporteur was able to interview Alexandre Madado Pascoal (see annex), who appeared
to be extremely weak and to suffer intense pain. He confirmed having been brought to the prison
that night, around midnight. With the diligent help of the officer-in-charge of Vieira Ferreira
Neto, Alexandre Madado Pascoal was taken on a stretcher to a medical unit, where a doctor,
shocked, ordered his transfer to hospital. Informed of the situation by the Secretary of State for
Justice, the Assistant-Secretary for Human Rights and the Head of Security for the Penitentiary
System joined the Special Rapporteur at 2.00 a.m. and recorded the testimonies of Alexandre
Madado Pascoal. They assured him that he would receive proper medical treatment and be
protected against reprisals. The Special Rapporteur was also informed at that time that the
Secretary for Justice had already decided to remove the Director of Muniz Sodré and his head of
security, pending investigation. The Special Rapporteur specifically asked the authorities to take
the necessary measures, including the opening of a criminal investigation into allegations of
torture. This incident is the subject of direct follow-up with the Government.
3. A pre-trial juvenile detention centre
62.
Juvenile offenders in the State of Rio de Janeiro are held in institutions under the
jurisdiction of the Secretariat of Justice and, more specifically, Departamento Geral de
Açöes Socio-Educativas - DEGASE (General Department for Socio-Educational Measures).
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