E/CN.4/2004/56/Add.3
page 15
78.
The Special Rapporteur has been informed that a national health plan for the Penitentiary
System was created in April 2002. The plan’s priorities are to reform outpatient care, buy
equipment, supply medicines, provide immunization and carry out laboratory tests. According to
the plan, each prison should have a medical team (composed of a doctor, a nurse, a dentist,
a psychologist, a nurse’s assistant, a dentist’s assistant and a social worker) responsible for
every 500 inmates, medical care, available through the Single Health System (Sistema Único
de Saúde, SUS), to treat the detainees, as well as programmes to prevent tuberculosis, leprosy
and HIV/AIDS and other sexually transmitted diseases (STDs). The national plan reportedly
obliges states to implement its objectives by creating plans at the state level. According to the
available information, only Rio de Janeiro, São Paulo, Minas Gerais, Paraná and Pernambuco
have approved such plans. However, it is reported that even in those states, medical care
continues to be insufficient and frequently depends on the authorization of relevant authorities.
79.
It is further reported that medical examinations are conducted in places removed from
penitentiary units. A number of inmates are believed to have been subjected to torture when
taken to these places by agents of the Special Operations Service. Allegations have been
received that inmates are generally prescribed aspirin when sent to outpatient care, regardless of
their health situation. It is also reported that in some states inmates’ injuries are not properly
registered, due to the alleged subordinate status of doctors within the Secretary for the
Administration of Prisons.
80.
The Special Rapporteur has received information on the work and guidelines established
by the Centro de Perícias Cientificas (Centre for Scientific Expertise) “Renato Chaves”, in the
state of Pará, which is seen as a positive practice. This forensic centre is allegedly the only one
in the country that does not depend on the Secretary for Security. It is a pioneer in the area of
forensic medical services. Comprised of professionals who were selected in a competitive
process, the Centre is divided into the Forensic Medicine Institute (Instituto de Medicina Legal)
and the Institute of Criminology (Instituto de Criminalística) where any person can directly
request service without going through the police.
81.
Recommendation (v) stated: The forensic medical services should be under judicial
or other independent authority, not under the same governmental authority as the police;
nor should they have a monopoly of expert forensic evidence for judicial purposes.
82.
According to the information received, that the Forensic Medicine Institutes (IML) come
under the jurisdiction of the Secretaries of Public Safety (with the exception of the Centro de
Perícias Cientificas “Renato Chaves”) contributes to the problem of impunity in cases of torture.
It is reported that the gathering of elements for inclusion in a medical report is not done by
experts, but by the judge assigned to the case, thereby limiting the ability to adequately gather
the facts relevant to the case.
83.
Recommendation (w) stated: The appalling overcrowding in some provisional
detention facilities and prisons needs to be brought to an immediate end, if necessary by
executive action, for example by exercising clemency in respect of certain categories of
prisoners, such as first-time non-violent offenders or suspected offenders. The law
requiring separation of categories of prisoner should be implemented.
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