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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