CAT/OP/BRA/2/Add.1
constructive engagement by the various national and international actors that can help
improve the detention conditions of persons deprived of their liberty in Brazil.
II. Preventing and combating torture
13.
The Brazilian State first wishes to highlight the establishment of the National
Mechanism to Prevent and Combat Torture. As noted on a number of occasions by the
Subcommittee in its communication, the Brazilian State shares the view that the
establishment of an effective, fully independent and adequately funded national preventive
mechanism provides a comprehensive answer to all the Subcommittee’s recommendations.
14.
The section detailing additional preventive measures gives more of the clarifications
sought by the Subcommittee in its communication, particularly in respect of the creation of
regional mechanisms to prevent and combat torture, the development of campaigns and
training courses as part of a “zero-tolerance” approach to torture, and the establishment of
complaints systems.
A.
National Mechanism to Prevent and Combat Torture
15.
In the Subcommittee’s report on its visit to Brazil (CAT/OP/BRA/1), the
establishment of a national preventive mechanism was addressed in paragraphs 15 to 17.1 In
the first response of the Subcommittee to Brazil’s replies to the Subcommittee’s
recommendations and requests for information (CAT/OP/BRA/2), the establishment of the
mechanism is the subject of further comments,2 in which the Subcommittee requests the
latest version of the bill, an amendment guaranteeing the independence of visits, and urgent
adoption of the bill. It is important to state that these concerns were addressed with the
entry into force of Act No. 12847 of 2 August 2013 (annex I).
16.
Act No. 12847 was an important step towards the formulation of a State policy to
tackle serious human rights violations in places of deprivation of liberty. The new Act is the
result of the rich, intense, transparent and lengthy consultation process launched when
Brazil ratified the Optional Protocol to the Convention against Torture on 12 January 2007.
1
2
GE.14-42059
“The SPT recommends that the State party introduce the necessary changes, so as to guarantee an
open, transparent and inclusive process, in particular of civil society, for the selection and
appointment of NPM members. The SPT also recommends that provision be made for gender balance
and ethnic and minority representation in the NPM composition.” (CAT/OP/BRA/1, para. 17).
The Subcommittee made five requests in relation to the national preventive mechanism for Brazil:
(a)
“Regular independent oversight through visits by members of the judiciary, the NPM
(which the SPT hopes will soon be established), the regional preventive visiting mechanism […] and
other groups such as NGOs” (CAT/OP/BRA/2, para. 25);
(b)
“That this process should be expedited and that the legislation should be in force with
the least possible delay. The SPT requests further details of the Bill’s status and progress through
Parliament” (ibid., para. 27);
(c)
“The SPT repeats the recommendation which it made at paragraph 17 of its visit
Report. The SPT further requests to be sent a copy, for its comment, on the most recent legislative
Bill as it is being decided before Parliament” (ibid., para. 28);
(d)
“The SPT requests that Brazil clarifies the NPM’s rights of access provided for in the
draft legislation” (ibid., para. 30);
(e)
“The SPT requests a copy of the most recent draft legislation for its comments, and
requests to be kept informed of its progress as the draft Bill is adopted” (ibid., para. 31).
5