E/CN.4/2004/56/Add.3
page 16
84.
According to the information received, in general, states do not separate inmates
according to the crime committed, or their age.
85.
The Special Rapporteur has also been informed that in Rio de Janeiro, many
penitentiaries have installed bunk beds with a view to housing more inmates, as a result
of which overcrowding remains a very serious problem.
86.
Recommendation (x) stated: There needs to be a permanent monitoring presence in
every such institution and in places of detention of juveniles, independent of the authority
responsible for the institution. The presence would in many places require independent
security protection.
87.
According to the information received, monitoring continues to depend upon the
individual initiatives of civil society organizations or specific initiatives by public authorities. It
is also reported that NGOs face obstacles in monitoring juvenile detention centres.
88.
Recommendation (y) stated: Basic and refresher training for police, detention
personnel, public prosecutors and others involved in law enforcement that would include
human and constitutional rights subjects, as well as scientific techniques and other best
practices for the professional discharge of their functions, needs to be provided urgently.
The United Nations Development Programme’s human security programme could have a
substantial contribution to make here.
89.
According to the information received, despite the existence of initiatives in human rights
training, there is a lack of follow-up or monitoring of the impact and continuity of these
initiatives. Training is reportedly usually carried out in times of emergency and does not target,
for instance, directors of penitentiaries, who need to be more adequately prepared for prison
incidents, such as uprisings.
90.
Recommendation (z) stated: The proposed constitutional amendment that would
under certain circumstances permit the federal Government to seek Appeal Court
authorization to assume jurisdiction over crimes involving violation of internationally
recognized human rights should be adopted. The federal prosecutorial authorities will
need substantially increased resources for them to be able effectively to discharge the new
responsibility.
91.
According to the information received, a law which would amend the constitutional
article regarding the power of the Federal Police to investigate such crimes which have
international repercussions has been approved. The Special Rapporteur would appreciate
receiving information on the extent to which this constitutional amendment is in compliance with
this recommendation.
92
Recommendation (aa) stated: Federal funding of police and penal establishments
should take account of the existence or otherwise of structures to guarantee respect for the
rights of those detained. Federal funding to implement the previous recommendations
should be available. In particular, the law on fiscal responsibility should not be an obstacle
to giving effect to these recommendations.
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