E/CN.4/2001/66/Add.2 page 45 prosecutors who, after having heard the circumstances, can ask for further investigation of the case or can decide to file the accusations for lack of evidence. Only in cases of serious offences can a prosecutor refer the file to a judge and request temporary detention. In the State of São Paulo, minors detained temporarily are taken to the Unidade de Atendimento Intial. According to the information, the first hearing usually takes place within a week. Only sentenced minors can be transferred to a FEBEM establishment. It is believed by public prosecutors of São Paulo that the family is only informed of the arrest in two cases out of three. 134. According to article 123 of the ECA, juvenile offenders should be accommodated in an establishment “exclusively reserved” for them and subjected to “rigorous separation” on grounds of age, physical build, temperament and the gravity of the infraction. Furthermore, amongst the rights that are guaranteed by the ECA,66 it must be noted that they must be interned in a locality close to their parents’ home, receive visits at least weekly, live in hygienic conditions, carry out leisure activities and retain personal possessions. Incommunicado detention is absolutely prohibited. Article 94 of the ECA outlines the obligations of entities that conduct “internment programmes”, such as to offer personalized treatment in small units, work for the re-establishment and preservation of family bonds, offer physical installations in adequate conditions of habitability, hygiene, health and safety and the objects required for personal hygiene, ensure sufficient nutrition and clothing, offer medical, psychological and dental care, provide education and vocational training, cultural, sports and leisure activities, as well as religious assistance, when desired. Article 201 (VIII) of the ECA provides that it is the duty of the Office of the Attorney General “to watch over the effective respect for the legal rights and guarantees ensured to children and adolescents, sponsoring appropriate judicial and extrajudicial measures”.67 135. During his visits to juvenile detention facilities in São Paulo and Rio de Janeiro (see above), the Special Rapporteur observed that minors were not separated by age, physical build or seriousness of the crime for which they were provisionally being held or had been sentenced. They instead were kept all together, in an indiscriminate fashion, including mentally disturbed detainees. NGOs as well as public prosecutors for children and adolescents of São Paulo also stressed the lack of adequate psychological assistance and that the architectural structure of the establishments in which they were detained would not allow for recreational or educational activities. G. Complaint procedures 136. According to the information received, complaints regarding torture and other forms of ill-treatment are sometimes made by defendants, in particular during first court hearings. However, the Special Rapporteur notes that a number of the detainees he interviewed indicated that because of the constant presence of law enforcement officials in these circumstances they did not dare to complain about the treatment they were subjected to for fear of reprisals, as they were usually taken back to the same police lock-up where the torture had allegedly occurred. Furthermore, in most cases, their complaints were said to have remained unresponded to by judges. The Special Rapporteur also notes that the belief that torture complaints to the judicial system would be to no avail was generalized amongst the detainees population. Public defenders