is held “in camera”. This is a serious impediment to the right of victims to a fair trial. Since the torture law also applies to private persons, prosecutions are more likely to be brought against private individuals than state employees. Consequently, there is no differentiation in the data between prosecutions against state actors and private individuals, limiting its value. Impunity continues to be the norm. In an opinion poll conducted in Datafolha, 24% of those interviewed in São Paulo thought that torture was an acceptable means of criminal investigation, a rise of 4% over a similar poll conducted in 1997. Investigations of police criminality should be under an independent body with its own investigative resources and personnel. The Office of the Public Prosecutor should have the authority to control and direct such the investigations. (m) Non-governmental sources: While some states have instituted the office of a police ombudsman, none is fully independent nor does it have its own investigative powers or personnel. A draft law creating this figure was under discussion. Non-governmental sources: There is no recent information about the progress of this draft law. In order to end chronic overcrowding, a The conditions in detention in many places were subhuman. Non-governmental sources: The prison system continues to grow at unsustainable 19 A/HRC/13/39/Add.6 Positive consideration should be given to the proposal to create the function of the investigative judge, whose task would be to safeguard the rights of those deprived of their liberty. (n)