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

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