E/CN.4/2004/56/Add.3
page 11
the investigation and any subsequent legal or disciplinary proceedings. Where a specific
allegation or a pattern of acts of torture or similar ill-treatment is demonstrated, the
personnel involved, including those in charge of the institution, should be peremptorily
dismissed. This will involve radical purging of some services. A start could be made by
purging known torturers from the period of the military Government.
50.
According to the information received, the organs responsible for investigating
allegations of torture are mainly controlled by the very institutions that are involved in its
perpetration. In addition, the lack of budgetary autonomy of the ombudsmen allegedly hinders
their ability to carry out their work in an autonomous and objective manner.
51.
The Special Rapporteur has also been informed that no effective measures have been
taken to suspend from duty the law enforcement officers against whom a torture complaint has
been filed. In some cases, they have reportedly been transferred but not dismissed.
52.
The Special Rapporteur has further been informed that some individuals who were
involved in torture cases during the military dictatorship continue to hold public offices and have
even received recognition and promotion.
53.
Recommendation (k) stated: All states should implement witness protection
programmes along the lines established by the PROVITA programme for witnesses to
incidents of violence by public officials, which ought to extend fully to cover persons with a
previous criminal record. In cases where current inmates are at risk, they ought to be
transferred to another detention facility where special measures for their security should
be taken.
54.
According to the information received, people with criminal records are still not under
the protection of PROVITA, despite the lack of legal restrictions that would impede such
protection being extended to them. Under the current practice inmates at risk should be
transferred to special cells. Nevertheless, due to the frequency of uprisings and the alleged lack
of control over the penitentiary system, such transfer allegedly does not guarantee the physical
integrity of the inmates, who end up being victimized by other prisoners, or even by prison
officials.
55.
Recommendation (l) stated: Prosecutors should bring charges under the 1997 law
against torture with the frequency dictated by the scope and gravity of the problem and
request that judges enforce the law’s provisions prohibiting bail of those charged.
Attorneys-General, with the material support of gubernatorial and other relevant state
authorities, should assign sufficient qualified and committed prosecutorial resources for
the criminal investigation of torture and similar ill-treatment and for any appellate
proceedings. In principle, the prosecutors in question should not be the same as those
responsible for prosecuting ordinary criminality.
56.
According to the information received, all of the cases involving torture in Brazil
continue to be pending at the appellate stage. It is reported that those who have been convicted
remain at liberty during the appeal procedure. It is also reported that in some states, including
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