E/CN.4/2000/9
page 35
prisoners being subjected to bad treatment, beatings and humiliation by a group
of 15 prison guards during a riot in the Pavillion, which was provoked by
fighting amongst prisoners using hand made arms. The Government stated that the
prisoners identified only two guards as their alleged aggressors: the Chief of
Discipline for Pavillion 4 and the officer responsible for vigilance in the same
pavillion. It replied that based on the Commission's conclusions, an
administrative process had been established as a prior step to the penal
procedure.
155.
By further letter dated 7 December 1999, the Government replied to two
cases transmitted by the Special Rapporteur on 26 May 1997 (see
E/CN.4/1998/38/Add.1, paras. 31-32). Concerning José Wilson Pinheiro da Silva,
the Government replied that the Secretary for Public Security and Defence of
Citizenship of the state of Ceará had advised that he was arrested on 15 August
1996 on account of drunken and violent behaviour and brought to the 5th Federal
police station in Fortaleza. At the station, the Government replied, he was put
into a cell where he was agressed by another detainee who inflicted on him the
injuries mentioned in the letter. The Government stated that the police
authorities had provided him with medical assistance and commenced a police
inquiry against the aggressor.
156.
Concerning Ivanildo Sampaio de Souza, the Government replied that he was
found dead in a cell at the Federal Police Office in Fortaleza on 25 October
1995. He had been arrested the previous day for illegal possession of drugs, and
after an initial deposition was taken, he was brought to the cell where his body
was later found. A medical examination indicated that he had been subjected to
torture, which affected many of his vital organs. A subsequent police inquiry
established the responsibility of the police officers who were responsible for
the station that day. Based on these findings, the Federal Public Prosecution
Service accused seven police officers and the police station chief of homicide.
The officers and chief were temporarily removed from the Federal Police until
the case was heard by the Ministry of Justice. Two of the officers were expelled
from office by an administrative process (No. 001/96). The same administrative
process concluded that the other policemen were not guilty. The Government
further replied that the police inquiry also made possible the establishment of
criminal proceedings at the Third Federal Court in Ceará, in which due process
would be applied. The Government stated that due to its formal acknowledgement
of its objective responsibility for the death of Ivanildo Sampaio de Souza, the
President has sent to the National Congress a proposal to grant a permanent
monthly pension to his widow and children, which was approved by Congress on
12 September 1996.
157.
By letter dated 13 December 1999, the Government replied to information
communicated to it on 5 November 1998 regarding reportedly harsh conditions in
prisons (see E/CN.4/1999/61, para. 89). The Government informed the Special
Rapporteur on recent measures taken to improve recognized deficiencies in the
prison system. These measures include increasing the physical capacity of the
penal system through the reform and enlargement of existing detention
facilities, as well as the construction of 52 new prisons, all as part of the
Ministry of Justice's "zero deficit" initiative. In relation to training law
enforcement officials, the Government indicated that this is an area which is
receiving special attention, and that it has been exploring possible avenues for
international cooperation as a result. The Government further informed the
Special Rapporteur of the adoption of a law allowing judges to impose
alternative sanctions that could help further the reintegration of detainees
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