E/CN.4/2006/6/Add.2
page 11
2005, 269 investigations into incidents of torture were passed onto the police by the state public
prosecutor’s office. Seventeen separate criminal proceedings have been brought against 227
FEBEM employees. Out of these, 17 employees have been convicted at first instance.
50.
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.
51.
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.
52.
According to information received from NGOs, this amendment has now been approved
by Congress as part of a wider judicial reform package, and is in force. Under the amendment,
the first case submitted to the Appeal Court (Superior Tribunal de Justica), concerning the death
of Sister Dorothy Stang in Pará, was turned down on the basis that at the time of submission
there was not enough proof of state incapacity or inertia in the investigation. In São Paulo, the
Sapopemba Human Rights Centre has used the threat of seeking an Appeal Court authorisation
to unblock a torture case subjected to unnecessary delays in the respective state Supreme Court.
53
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.
54.
Recommendation (bb) stated: The Government should give serious and positive
consideration to accepting the right of individual petition to the Committee against
Torture, by making the declaration envisaged under article 22 of the Convention against
Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
55.
Recommendation (cc) stated: The Government is also urged to consider inviting the
Special Rapporteur on extrajudicial, summary or arbitrary executions to visit the country.
56.
Recommendation (dd) stated: The United Nations Voluntary Fund for the Victims of
Torture is invited to consider sympathetically requests for assistance by non-governmental
organizations working for the medical needs of persons who have been tortured and for the
legal redress of their grievance.
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