CAT/C/39/2 page 19 55. In relation to the monitoring of places of detention, the Law on the Execution of Sentences sets out at least six organs which have the authority to conduct visits to monitor and supervise prisoners’ conditions of detention; in practice, however, it was alleged that such visits are rarely carried out.29 56. With regard to the penitentiaries, the NGOs complained that conditions are inadequate for inmates and overcrowding, which is endemic, remains a constant concern. According to the information provided in June 2003, there were a total of 180,726 places for a total of 284,989 detainees in Brazil. The State of São Paulo lacked 43,659 places (41.8 per cent of the total) and the State of Minas Gerais lacked 17,194 places. 57. Overcrowding in police stations was reported to be another problem. A number of temporary detention centres have been built in the State of São Paulo to receive detainees who await convictions, thus relieving overcrowding in police stations. However, these temporary detention centres are already overcrowded. Material conditions of detention continue to be precarious. 58. The NGOs also explained that so called “clean police stations”, known as delegacias legais have been established in Rio de Janeiro, with the purpose of deactivating all jails in police stations and building casas de custódia (custodial houses) to receive detainees previously held in police stations. In practice, however, too few custodial houses have been built. Detainees are still held in police stations even after being sentenced, and are under the responsibility of the Secretary of Public Security, instead of the Secretary for Penitentiary Administration, under whose supervision they would have access to greater benefits. 59. Furthermore, NGOs referred to the Regime Disciplinar Diferenciado (RDD), a differentiated disciplinary regime which is in place in the States of Rio de Janeiro and São Paulo. Under this regime, it would appear that inmates who do not obey an order and/or the internal disciplinary regime of the penitentiary may be subjected to a regime of severe punishments that could include up to 360 days in isolation. 60. It was reported that family members do not receive information about the whereabouts of inmates, including information on transfers. Moreover, highly intrusive searches of family members and visitors, particularly women, continue to be routine. 61. The NGOs pointed out that free legal assistance is not guaranteed to people who are deprived of their liberty and cannot afford a private lawyer. Six States do not have a Public Defender’s Office and those that exist are known to be understaffed. Statements provided without the presence of a judge or lawyer continue to be admissible in court, if there is no explicit proof that an act of torture was committed. The burden of proof is placed on the alleged 29 Article 61 of the Law on Execution of Sentences identifies several mechanisms which have prison monitoring functions, i.e., the National Council of Criminal and Penitentiary Policy, penal execution judges, public prosecutors, the Penitentiary Council, the Penitentiary Department and the Community Council.