CAT/OP/BRA/1
conditions far inferior to the rest of the detainees, and were allegedly subject to frequent
beatings.
86.
The SPT considers the above allegations to be cases of physical and mental
torture or ill-treatment. The SPT condemns all acts of torture and ill-treatment and
recalls that torture cannot be justified under any circumstance. The SPT reiterates its
call for the Brazilian authorities to condemn any act of torture firmly and publicly
and to take all the necessary steps to prevent torture and ill-treatment. Preventive
steps include inter alia the conduct of prompt, impartial and independent
investigations, the establishment of an efficient complaints system, and the
prosecution and punishment of alleged perpetrators.
B.
1.
(a)
Penitentiary institutions
General issues
Registers
87.
In all prisons visited, the SPT checked the registers, reviewed personal files and held
talks with prison staff responsible for keeping and updating registers. While prison records
were kept electronically in the penitentiary systems in Rio de Janeiro and Espírito Santo,
registers of the facilities visited in Goiás were not computerized and much of the record
keeping was done by hand.
88.
The SPT recommends the establishment of a uniform computerized system in
all the states, for registering admissions and keeping other records.
89.
An examination of the prison records in the Ary Franco pre-trial facility revealed
that seven inmates had died in that detention centre since the beginning of the year 2011. In
most cases, the cause of death was unclear and/or the circumstances that led to the death
were not available. The SPT took note that during the same period there had been a total of
91 deaths in prison custody only in the state of Rio de Janeiro.
90.
The SPT requests the State party to provide detailed information, including
death certificates and autopsy reports, on the cause and circumstance of all deaths
that have occurred in places of detention, as well as information in respect of
independent investigations conducted in this connection.
(b)
Separation of categories of inmates
91.
The SPT was pleased to note that the separation of male and female detainees in
prisons was strictly observed, and that female prisoners were generally guarded by female
prison personnel. It noted, however, as mentioned above in relation to police stations, that
the lack of adequate facilities led to situations where convicted prisoners were held together
with pre-trial detainees.
92.
In almost all the prisons visited, the SPT noticed the presence of organised criminal
groups. Inmates were kept in separate facilities or cellblocks on the basis of the criminal
faction to which they alleged to be affiliated. In this regard, the SPT observed that the
inmates’ personal files in Ary Franco included a statement signed by the inmate providing
that he had agreed to be assigned to a particular cellblock under the control of a particular
faction, assuming responsibility for his own safety in that regard.
15
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