CAT/C/39/2
page 6
4.
During its twenty-ninth session in November 2002, the Committee examined this
information in private meetings. The Committee considered that the information was reliable and
that it contained well-founded indications that torture was being systematically practised in the
territory of Brazil.
5.
On 22 November 2002, the information received from the non-governmental
organizations (hereinafter referred to as “NGOs”) was submitted to the State party for its
comments by 28 February 2003. At its thirtieth session in May 2003, the Committee noted that
no response had been received and by letter of its Chairman, dated 16 May 2003, reiterated its
request to the State party to submit its observations on the allegations by 1 September 2003. The
State party has not submitted, to date, any observations on these allegations.
6.
At its 591st (closed) meeting, on 21 November 2003, the Committee decided to
undertake a confidential inquiry and designated Mr. Claudio Grossman, Mr. Fernando Mariño
and Mr. Ole Vedel Rasmmussen to conduct the inquiry. The Committee invited the Government
of Brazil to cooperate with the Committee in the conduct of the inquiry, and accordingly, to
appoint an accredited representative to meet with the members designated by the Committee;
provide the latter with any information that they or the Government might consider useful; and
indicate any other form of cooperation which might facilitate the conduct of the inquiry. This
decision was transmitted to the Minister for Foreign Affairs of Brazil on 4 December 2003.
7.
The Government of Brazil requested the postponement of the visit twice as the dates
proposed by the Committee (i.e. July 2004 and January 2005) did not allow enough time to
prepare an adequate programme of work for the experts. By note verbale dated 3 February 2005,
the State party informed the Committee that it accepted the visit of the Committee and agreed
that it take place in July 2005.
III. VISIT TO BRAZIL FROM 13 TO 29 JULY 2005
A. Activities of the Committee members during the visit
8.
The visit, which took place from 13 to 29 July 2005, was undertaken by
Mr. Fernando Mariño Menendez (Chairperson of the Committee) and Mr. Claudio Grossman.
Mr. Rasmussen was unable to participate in the visit. The Committee members were assisted
by Ms. Jane Connors, Ms. Mercedes Morales and Ms. Marina Narváez, staff members of the
Office of the United Nations High Commissioner for Human Rights, and four interpreters. In
addition, during their stay in Rio de Janeiro and São Paulo, they were accompanied by
Mr. Duarte Nuno Vieira, medical expert.
9.
Two inquiry teams constituted by the Committee members, members of the Secretariat of
the Committee and interpreters visited the following states: the Federal District of Brasilia,
São Paulo, Rio de Janeiro, Minas Gerais and Bahia. The programme of activities was prepared
by the Committee members conducting the inquiry in cooperation with the Secretariat of the
Committee, the authorities of Brazil and the Resident Representative of the United Nations and
his staff at the Office of the United Nations Development Programme in Brazil.