CAT/C/39/2
page 87
“(bb) The State party is encouraged to ratify the Optional Protocol to the
Convention, which would provide for the establishment of a national protection mechanism
with the authority to make periodic visits to places of detention;”
380. During the visit to Brazil, the Committee delegation could witness the efforts of the
Brazilian Government, Congressmen and civil society to make Brazil a part of the Optional
Protocol to the Convention Against Torture (OPCAT), then under examination in the National
Congress. The National Congress through Legislative Decree no. 483, of December 20 2006
approved the text of OPCAT, as required by the Brazilian Constitution. After legislative
approval, Brazil sent the instrument of ratification of OPCAT to the Secretary-General of the
United Nations, in New York, on January 11 2007.
381. Therefore, the Optional Protocol is already in force for Brazil, a country that participated
intensively and constructively in its negotiation. The Brazilian Government is currently engaged
in internal consultation among relevant governmental agencies and dialogue with civil society
organizations with a view to compliance with the Optional Protocol, especially the identification
and regulation of national prevention mechanism(s), taking particularly into account the situation
of deprivation of freedom, the dimensions and the federative nature of the country.
382. It must be observed that laws exist already at the federal level and in some states that
include provisions permitting the realization of unannounced visits by representatives of public
agencies and civil society with a view to dissuade and repress the practice of torture and other
forms of ill-treatment, such as the Public Prosecutor Office, Public Defenders, Penitentiary and
Community Councils, the Councils for the Rights of the Child and Adolescent ant the
Trusteeship Councils, in cases of adolescents in conflict with the law, among others. The already
mentioned National Plan, launched on June 26, also provides for the implementation of measures
contained in the text of the Protocol.
383. Even before ratifying OPCAT, the Brazilian Government had been engaged in useful
dialogue with civil society organizations, such as the Association for the Prevention of Torture
(PT), the Center for Justice and International Law (CEJIL) and the Teotônio Vilela Commission
(CTV) for exchange of ideas on the future implementation of the Protocol in the country. In this
connection, representatives from the Special secretariat for Human Rights and the Ministry of
External relations participated in the seminar “Optional Protocol to the Convention Against
Torture: Implementation in Federated or Decentralized States”, held by the above mentioned
organizations from June 22 to 24, 2005, just before the visit of the delegation of the Committee.
Since its institution, the National Committee Against Torture has been keeping regular dialogue
with several public institutions and non-governmental organizations on the implementation of
the Protocol.
“(cc) The State party is also encouraged to accept the right of individual petition to
the Committee, by making the declaration envisaged under article 22 of the Convention.”
384. On June 27 2006, International Day of Support to Victims of Torture, Brazil deposited the
optional declaration provided for in article 22 of the Convention Against Torture and Other
Cruel, Inhuman or Degrading Treatment and Punishment, thus recognizing the competence of
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