registers in police stations of the
time and place of the arrest, or of
the identity of the arresting
officers, and subsequent transfer
of suspects to a police station.
changes in the way detentions are being
documented. However, in the Rio de
Janeiro pre-trial detention system, the state
required all detainees to define their gang
allegiance and to accept full responsibility
for their own security when incarcerated
with members of the same gang.
Judicial provisional
detention orders should
never be implemented in
police stations. (g)
Non-governmental sources: See current
situation for (c).
No statement or
confession, other than one
made in the presence of a
judge or lawyer should
have probative value in
court. Urgent consideration
should be given to
introducing video and
audio taping of proceedings
in police interrogation
rooms. (h)
Non-governmental sources: There is no
information to suggest that video taping or
audio recording of police interrogations
are being used. However, the use of
confessions given to the police without the
presence of a judge continues to have
probative value in court.
When allegations of torture
or ill-treatment are raised
by the defendant during
trial, the burden of proof
should shift to the
prosecution that a
confession was not
obtained by unlawful
means. (i)
The law states that the burden of
proof lies upon whoever has
made it. However, the President
of the Federal Supreme Court
noted that in cases of torture
allegations made by a defendant
during a trial, the burden of
proof is reversed.
Complaints of ill-treatment
should be expeditiously
and diligently investigated.
Unless the allegation is
manifestly unfounded,
those involved should be
Torture and similar ill-treatment
were meted out on a widespread
and systematic basis, at all
phases of detention: arrest,
preliminary detention, other
provisional detention, and in
Non-governmental sources: There is no
information to suggest that this is being
implemented. Allegations of torture are
regularly dismissed by authorities at all
stages of the criminal justice system.
Non-governmental sources: The criminal
justice system is still highly flawed, which
has facilitated the continued practice of
torture and the impunity of those who
perpetrate it.
Senior Government officials responsible
for prison administration affirmed that
there are problems with physical abuse and
corruption by prison guards. The threat of
retaliation for making a complaint against a
prison official is so serious that prison
A/HRC/13/39/Add.6
16
reasons for arrest, the
identity of the arresting
officer, the time and
reasons for any transfers
and the time a person is
released or transferred. (f)
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