E/CN.4/2006/6/Add.2
page 6
ratifying the Optional Protocol to the International Covenant on Civil and Political Rights
so that the Human Rights Committee can receive individual complaints.
Brazil
Follow-up to the recommendations made by the Special Rapporteur in the report of his visit to
Brazil in August and September 2000 (E/CN.4/2001/66/Add.2, para. 169)
22.
Recommendation (a) stated: First and foremost, the top federal and State political
leaders need to declare unambiguously that they will not tolerate torture or other
ill-treatment by public officials, especially military and civil police, prison personnel and
personnel of juvenile institutions. They need to take vigorous measures to make such
declarations credible and make clear that the culture of impunity must end. In addition to
giving effect to the subsequent recommendations, these measures should include
unannounced visits by them to police stations, pre-trial detention facilities and
penitentiaries known for the prevalence of such treatment. In particular, they should hold
those in charge of places of detention at the time abuses are perpetrated personally
responsible for the abuses. Such responsibility should include, but not be limited to, the
practice obtaining in some localities, according to which the occurrence of abuses during
their period of authority will adversely affect promotion prospects and indeed should
involve removal from office, which removal should not consist merely of transfer to
another institution.
23.
According to information received from NGOs, public declarations condemning torture
made by high profile political leaders, other than human rights secretaries, are extremely rare.
The Federal Government launched a national campaign against torture after the Special
Rapporteur’s visit. However, the campaign failed to address the fundamental causes of the crime
and did not seek to improve mechanisms for safe and effective reporting and prosecution of
cases. Instead the Government focused on the creation of a very short and limited publicity
campaign and the creation of a telephone hotline, to encourage anonymous denunciations, and
with a view to collecting data. The administration and running of the “SOS Torture” line has
been carried out by NGOs, who receive government funding for doing so. It is reported that the
data collected by the hotline is not a reliable indicator of levels of torture in a given place, as
higher numbers of calls may result from a variety of factors, such as higher awareness of the
existence of the hotline or better access to telephones. Given the anonymous nature of the hotline
it did not contribute to the effective reporting or investigation of alleged cases of torture.
24.
Recommendation (b) stated: The abuse by the police of the power of arrest without
judicial order in flagrante delicto cases to arrest any suspect should be brought to an
immediate end.
25.
Recommendation (c) stated: Those legitimately arrested in flagrante delicto should
not be held in police stations beyond the 24-hour period required for obtaining a judicial
warrant of temporary detention. Overcrowding in remand prisons can be no justification
for leaving detainees in the hands of the police (where, in any event, the conditions of
overcrowding appear substantially to exceed those even in some of the most overcrowded
prisons).