Prosecutors should bring
charges under the 1997 law
against torture and request
that judges enforce the
prohibition of bail for those
charged. Sufficient
prosecutorial resources
should be assigned by
Attorney-Generals for
criminal investigations of
torture and ill-treatment. (l)
(A/HRC/11/2/Add.2, para.62).
Non-governmental sources: The
PROVITA protection system is specifically
designed to protect witnesses in criminal
investigations, including those in which
police officers may be suspected of
involvement. However, people with prior
criminal records cannot enter the
PROVITA protection system. As such the
PROVITA system is not designed to
provide protection to victims of torture,
especially those held in detention. The
PROVITA system suffers from inconsistent
funding a limited number of spaces, thus
only ensuring positions for those cases
which are deemed a priority for police and
prosecutors.
The Torture Law was virtually
ignored, and prosecutors and
judges preferred using the
traditional, inadequate notions of
abuse of authority and causing
bodily harm.
Non-governmental sources: despite the
introduction of the 1997 law against
torture, only a few prosecutions have been
brought in comparison to the number of
allegations, and with only a handful
resulting in convictions.
A recent report (Análise do Cumprimento
pelo Brasil das Recomendações do Comitê
da ONU contra a Tortura, Programa dh
Internacional, MNDH-NE & GAJOP, July
2005) cited figures showing that in the
state of São Paulo, which has the highest
prison population in the country, there had
only been 12 convictions under the torture
law between 1997 and 2004, and most of
these of private individuals.
Information about prosecutions of state
agents for torture, as well as other human
rights violations, is difficult to obtain, as
much of the information about such cases
Non-governmental sources: While there is
greater recognition of the 1997 law against
torture, there continues to be reluctance on
the part of the prosecution service to
prosecute law enforcement agents under it.
However, the lack of regular statistical
data relating to the use of 1997 law against
torture and the fact that it is also used in
cases involving non-state agents makes an
accurate assessment of its implementation
impossible.
A/HRC/13/39/Add.6
18
along the lines of the
PROVITA programme. (k)
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