CAT/C/39/2
page 70
(j) Create, for the members of entities responsible for the follow-up of penal execution
in penitentiaries, an open program for training in the application of socio-educative measures in
units of internment of adolescents and in the treatment of persons in other places of deprivation
of freedom, according to the directives contained in the Optional Protocol. The training should
also qualify agents for carrying out more effective inspections, according to international criteria
for the protection and promotion of human rights and prevention of torture;
(k) Encourage and promote personnel qualification for the creation of Community
Councils, as provided for in the Law of Penal Execution;
(l) Widen, improve, qualify and stimulate the practice, at all levels, of free legal
assistance to persons deprived of freedom. Such measures guarantee the rights of individuals in
following inquiry and procedures, and prevent torture.
298. The following actions to make aggressors answerable have been provided for:
(a)
System;
Creation of specific corregedorias for the Police System and the Penitentiary
(b) Creation of independent ouvidorias in both systems to receive denunciations of
torture and follow investigations. It is possible to collect the existing laws on the matter - for
instance, the one that created the ouvidoria of the Police of São Paulo - and elaborate a draft bill
that can be repeated in the sates or voted in the National Congress. Articulation with state and
federal governments to send the draft to the Legislative;
(c) Creation of specialized groups of prosecutors to fight torture, making them aware
that at the time of denunciation the incident should be inscribed under the penal classification of
torture. Include the issue in meetings of the National College of General prosecutors. Organize
national experiences and formulate proposals to be introduced by the Public Prosecutor Offices
in the federal and state levels and in the Federal District;
(d) Articulate with the Public Prosecutor offices the need to revert the burden of proof in
cases of allegation of torture. In cases where denunciation of torture or other forms of ill
treatment are brought by a defendant at a trial, the burden of proof should be transferred to the
public prosecution so that it proves that the confession was not obtained by illicit means,
including torture or ill treatment;
(e) Adoption of measures that speed up the investigation of denunciations of torture and
ill treatment and that lead to dismissal of personnel involved;
(f) Train health care professionals who work in the prison system to register and adopt
proper legal procedure in cases of torture and ill treatment suffered by inmates. Launching, on
December 2 2005, the Brazilian Expert Examination Protocol, which contains, inter alia, the
chief recommendations of the Istanbul Protocol “International Code of Conduct” for forensic
physicians;
(g) Articulate with the Federal Council of Medicine the awareness of doctors to
communicate to competent authorities the practice of the crime of torture, stressing the aspect of
penal offense typified in article 66, II, of Decree-Law 3688;41.
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