CAT/C/39/2
page 20
victim of torture or ill-treatment. Allegations of torture made by persons suspected of having
committed a criminal offence or of detained persons have no weight in Brazilian jurisprudence.
As a result, NGOs complained that there is almost no possibility of effective complaint against
the abusive conduct of public officials.
62. According to the information provided, approximately 60 per cent of the inmates could
benefit from the application of alternative sentences. However, judges tend to refuse to apply
these.
63. Finally it was reported that the judiciary has failed to monitor adequately the time served
by inmates. This is particularly evident in the State of Rio de Janeiro, where there is only one
court responsible for this task, i.e. the vara de execuções penais.
2.
Information provided during the visit
64. During the visit to Brazil, the Committee members met with more than 15 NGOs. In
general, NGOs claimed that the situation had not improved in the last few years, and reiterated
the concerns contained in the NGO reports submitted prior to the visit of the Committee. NGO
representatives emphasized the seriousness of the situation and the failure of the authorities to
adopt adequate measures to combat the practice of torture. They alleged that frequently torture
was inflicted partly due to the prevailing culture of the police, and that few acts of torture had
been investigated and even fewer brought before the courts.
65. During the visit, NGOs provided information in writing on other cases of torture brought to
their attention by alleged victims. In their opinion, however, a large number of cases of torture
are not reported. NGO representatives pointed out that most acts of torture are committed by the
military and the civil police. Very few allegations were received regarding the federal police.
66. NGO representatives also alleged that the existing police control mechanisms continue to
be inefficient, given that the corregedorias still do not have any operational and financial
autonomy, and the ouvidorias remain dependent on the respective state Governors. Better control
of the police by the state Governor would contribute to the prevention of abusive acts.
67. They further claimed that there were neither adequate policies nor the political will on the
part of the relevant authorities to improve conditions of detention; hence, the problem was not
just one of lack of financial resources.
68. An NGO representative also pointed out that the crime rate in Brazil was not
proportionally so high as to have such a large number of detainees. In fact, it appears that on
many occasions, the sanction imposed is not proportional to the seriousness of the offence. An
example was provided where persons caught with a small quantity of drugs may be charged
under the article of the penal code that refers to drug trafficking.
69. The NGOs indicated that other legal requirements regarding custodial sentences, including
that prisoners be held within geographical proximity of their families, are routinely breached.
Laws regulating visits are also breached, with families being subjected to strip searches and other
degrading treatment, which frequently discourage family members from visiting. It was also
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