E/CN.4/2004/56/Add.3 page 13 63. The Special Rapporteur has been informed that the judiciary has failed to monitor the completion of jail sentences by inmates. He has also been informed that according to the National Centre to Support Alternative Sentences and Measures of the National Secretary of Justice (CENAPA), in May 2002, the application of alternative sentences and measures increased by 10 per cent. In May 2003, the Ministry of Justice instituted a National Programme of Support for and Monitoring of Alternative Sentences and Measures, reportedly to encourage the application of alternative sentences. The Special Rapporteur would appreciate receiving information on the concrete measures taken to effectively implement this programme. 64. Recommendation (p) stated: For the same reason, the law on heinous crimes and other relevant legislation should be amended to ensure that often long periods of detention or imprisonment are not imposable for relatively low-level criminality. The crime of “disrespecting authority” (desacatar functionario publico no exercisio de sua function), article 331 of the Penal Code, should be abolished. 65. According to the information received, no measures have been taken to implement this recommendation. On the contrary, the information received suggests that the tendency has been to impose harsher sentences. 66. Recommendation (q) stated: There should be sufficient public defenders to ensure that legal advice and protection are available for every person deprived of liberty from the moment of arrest. 67. According to the information received, six states still lack public defender’s offices. In other parts of the country public defenders are reportedly given limited resources. 68. Recommendation (r) stated: Greater use should be made of and the necessary resources provided for such institutions as community councils, state councils on human rights and police and prison ombudsmen. In particular, fully resourced community councils, which include representatives of civil society, notably human rights non-governmental organizations, with unrestricted access to all places of detention and the power to collect evidence of official wrongdoing, should be established in each state. 69. According to the information received, the few existing community councils work with limited resources and do not receive public funds. Despite these difficulties, the Special Rapporteur has been informed of the efforts of a number of them, in particular, community councils in Rio de Janeiro, Recife and in the State of Pará, which have access to prisons and can report on the conditions of detention. The Special Rapporteur has also been informed of the existence of the Federal Council for Human Rights (Conselho Estadual dos Direitos da Pessoa Humana, CONDEPE) in São Paulo and the Safety Council in the State of Paraíba (CONSEG), which also have unrestricted access to prisons. However, it is reported that these councils lack adequate autonomy. On the other hand, the Special Rapporteur was informed that the existing National Council on Human Rights (Conselho Nacional da Pessoa Humana) had been established during the military dictatorship. A bill on the functions of this institution is reportedly under discussion at the Chamber of Deputies. The Special Rapporteur would

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