CAT/C/39/2
page 41
8.
Disciplinary regimes (RDD and RDE)
173. The Committee members were also informed of the creation of the differentiated
disciplinary regime (RDD), which was established by federal law in December 2003. This
regime, which started in the State of São Paulo, provides that detainees may be held, upon a
judicial decision, in complete isolation in special cells. Inmates are not entitled to access to radio
or television and do not have the right to conjugal visits. They may not carry out any activities
nor redeem their sentences. The Secretary for Penitentiary Administration of São Paulo
confirmed that the director of a penitentiary centre may order the transfer of an inmate to an
RDD centre even without a judicial decision in the case of a riot. The director would then
have 24 hours to inform the competent judge.
174. In this connection, the Committee members would like to refer to a document prepared by
the National Council for Criminal and Penitentiary Politics dated August 2004, which denounces
the differentiated disciplinary regime. The document highlights general comment No. 20 of the
Human Rights Committee which provides that “prolonged solitary confinement of the detained
or imprisoned person may amount to acts of torture”.
175. The Committee members were also informed of the establishment of the special
disciplinary regime (RDE), which is implemented in the State of São Paulo. Under this regime,
inmates are held in collective cells, radio and television is permitted, and they may engage in
four hour of exercise. The Secretariat for Penitentiary Administration may decide whether or not
to transfer an inmate to an RDE facility, but must thereafter inform the corresponding judge.
9.
Other developments
176. During the course of the inquiry mission, the Committee members were also informed that
the Special Secretariat for Human Rights no longer has ministerial status. The Committee
members found this decision regrettable, considering the significant role of this institution in the
formulation and implementation of public policies geared towards the promotion and protection
of human rights.
177. Finally, it was noted that Brazil had signed the Optional Protocol to the Convention against
Torture and Other Cruel Inhuman or Degrading Treatment or Punishment and it is expected that
the National Congress will decide on its ratification in the coming months. Brazil is also
expected to accept the right of individual petition to the Committee, by making the declaration
envisaged under article 22 of the Convention.
VI. CONCLUSIONS AND RECOMMENDATIONS OF THE COMMITTEE
178. The Committee found, as described in the preceding paragraphs, endemic overcrowding,
filthy conditions of confinement, extreme heat, light deprivation and permanent lock-ups (factors
with severe health consequences for inmates), along with pervasive violence as well as lack of
proper oversight, which leads to impunity. In fact, there is widespread impunity for the
perpetrators of abuse. In addition, the Committee on several occasions received allegations
attesting to the discriminatory nature of these conditions given that they affect vulnerable groups
and in particular, persons of African descent. The Committee notes that the government of
Brazil, fully cooperated with the Committee’s visit, constantly expressed its awareness and
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