CAT/C/39/2 page 77 328. Until then, on the expert reports, cases where indications of torture are detected, have been identified as bodily harm, which produces a distortion of the facts and may jeopardize the criminal investigation. This change is expected to solve that problem. It is further clarified that the medical experts are trained to answer in a correct and adequate way to the new items. “196. In the light of these considerations, the Committee makes the following recommendations: (a) Complaints alleging torture by public officials should be promptly, fully and impartially investigated and offenders should be prosecuted under the 1997 Torture Law and penalized appropriately;” 329. There is a significant growth of the investigations and judicial proceedings initiated against policemen accused of the crime of torture, under the aegis of the Law Against Torture. The Brazilian Government is convinced that this growth will be essential to discourage that practice, due to the demonstration effect already noticeable as those involved are being punished. “(b) The states’ Public Prosecutors’ Offices should be empowered to initiate and carry out investigations into any allegations of torture and should be provided with the necessary financial and human resources to allow them to fulfil this responsibility;” 330. On this item, see comments on paragraph 180. It should be added that in principle compliance with this recommendation may depend on changes in the countries’ legislation, namely a constitutional amendment, since the Federal Constitution devolves on the judiciary police and the federal police the investigation of penal offenses, and on the Public Prosecutor the external control of the police forces. The issue, however, is not settled and a decision from the Federal Supreme Court is pending. “(c) An effective application of the Constitutional safeguard of federalization of human rights crimes, in particular torture, which allows the Federal Prosecutor-General to request a transfer of certain human rights violations (including torture) from State to federal jurisdiction, should be ensured;” 331. On this question, see comments to paragraph 182 of the Report. “(d) Accused officers should be suspended from their duties pending the outcome of any investigation into alleged torture and ill-treatment and any subsequent legal or disciplinary proceedings;” 332. Through SENASP, the Federal Government already recommends, account being taken of the autonomy and independence of the federated units, that professionals involved in situations where there are allegations of torture and ill treatment, as well as manslaughter, be suspended from their regular activities. “(e) The judiciary should be encouraged to impose alternative sentences to detention as provided for by the law. The imposition of long periods of detention or imprisonment for relatively minor offences should be avoided as should close regime custody;”

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