even when the individual was not actually caught in the act, but there was suspicion of taking part in criminal activities. Those arrested in flagrante delicto should not be held in police stations beyond 24 hours. Overcrowding in remand prisons cannot be a justification for prolonged detention by the police. (c) Recent and long-term detainees were mixed together in police stations. A large number had already been sentenced, but could not be transferred to prisons because of lack of space. Non-governmental sources: While there have been some efforts in some states to reduce pre-trial detainees being held in police stations for longer than 24 hours, tens of thousands continue to be held for long periods, often in overcrowded conditions. In some cases, convicted detainees are still being held in police stations. Reports of juveniles and women being held in cells with adult males have also been received. In one case a 15-yearold girl was repeatedly sexually abused for a period of a month while held in a cell with over 20 men. Family members should be immediately informed of their relatives’ arrest and be given access to them. Security checks during visits should be respectful of their dignity (d) Most of the suspects in police stations believed that their families had not been informed of their arrest and whereabouts. Non-governmental sources: There are reports of detainees who are not given access to family members or regular visits by human rights groups. Degrading and invasive searches of family members persist throughout the prison system and the juvenile detention system. Those arrested should be informed of their right to consult with a lawyer and to obtain free legal advice. A statement of detainees’ rights should be readily available for consultation in all places of detention. (e) Although the Constitution provides that those arrested are ensured of assistance by their family and lawyer, there was no specific legal provision regarding the period of time after which a person has access to a lawyer. Non-governmental sources: The decision in 2006 by Sao Paulo state to create a public defenders system was an important victory for those campaigning for the provision of free legal access in Brazil’s richest state. Nevertheless, the provision of free access to lawyers remains scant at best, with many detainees complaining of access to a lawyer for less than ten minutes prior to trial. Maintain separate custody records showing time and In most cases, there was no record kept in the official Non-governmental sources: There are reports suggesting that there have been A/HRC/13/39/Add.6 15 should end immediately. (b)

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