CAT/OP/BRA/2
tolerance message to all of these authorities across the country, and that it is
supported, in all instances by investigation and prosecution, as appropriate.
41.
In addition, the SPT requests to receive a copy of any rules that have been
developed about the use of irritant gases to ensure their strict conformity with the
principles of proportionality and necessity, and details of how this information has
been disseminated and its implementation observed at the local level. The SPT
requests also details of any register that has been established in this regard. (See
Report, para. 129 (d)).
42.
The SPT indicated numerous, consistent and credible allegations of torture and illtreatment at facilities for juveniles (see Report, para. 143-148). In its Reply, Brazil indicates
Sections III and V on its policies as an answer to the SPT’s recommendations at paras. 149150 of its Report. While the SPT welcomes this detailed overview of Brazil’s policy, and
takes note particularly of Brazil’s Reply at paragraphs 177-181 in respect of torture
prevention in the socio-educative system, the SPT requests further specific details.
43.
At paragraph 149 of its visit Report, the SPT requested information on a plan of
action to eradicate torture and ill-treatment in respect of children and juveniles. The SPT
takes note of the mechanisms, including the ‘SINASE’ law, that are indicated in Brazil’s
Reply. It is nevertheless concerned that the mechanisms reflected herein do not represent
any new or additional steps to mechanisms that existed already. In light of the SPT’s
findings during its visit, which indicate the magnitude of the problem of ill-treatment in
juvenile facilities, the SPT can only conclude that the measures indicated are not fully
effective. This is notwithstanding that access to some of the preventive measures that apply
more broadly to all detainees (see for example, PAICT), are, on a geographic basis, de facto
not available to all detainees (see comments below).
44.
In respect of juveniles, the SPT repeats its request for details from the State for
an action plan. This should take into account the shortcomings indicated by the SPT
in its Report paras. 143-150. In particular, the SPT recommends the SPT design a
timeframe by which various objectives can be implemented, and that the plan should
include measures to address the following;
(a)
training to include emphasis on a zero-tolerance policy on ill-treatment,
to all staff, in all institutions nationally who work with detained juveniles,
(b)
that medical staff in detention are appropriately trained on the above,
and furthermore, that their training includes detailed regard for the Istanbul
Protocol,
(c)
emphasis to medical staff that dismissing or covering up injuries
sustained through suspected ill-treatment will be regarded as complicity in the illtreatment and will equally be subject to the zero-tolerance approach.
45.
The SPT further repeats its recommendation that the use of ‘tropa de choque’
be limited to exceptional cases and authorized by the highest state authority
concerned, according to established and clear criteria, with reporting on each
operation and external oversight being mandatory. The SPT requests confirmation of
whether this recommendation has been implemented and if so, it requests to be
informed of the criteria to be met for this type of intervention to be permitted, and
details of who has the power to authorize ‘tropa de choque’.
B.
Deaths in custody
46.
The SPT noted a markedly high level of deaths in custody in its Report (see para.
89). Noting that Brazil has not yet furnished its request for specific information, the SPT
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