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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