CAT/OP/BRA/1 107. The SPT concluded that the material conditions of this institution generally did not comply with national regulations, 40 nor with relevant international standards, and that detention in such conditions amounted to inhuman and degrading treatment. 108. The SPT reiterates the call made in its preliminary observations to the State party for the immediate closure of Ary Franco prison. Subsequently, this facility should either be closed down definitively or completely restructured and refurbished. 109. The SPT urges the State party to take the necessary steps to ensure that conditions of detention in the country’s prisons are brought in line with the Standard Minimum Rules for the Treatment of Prisoners. A plan of action on prisons should be drawn up and disseminated, aimed at ensuring that the basic needs of all persons deprived of their liberty are met. As a matter of priority, the State party should conduct a nation-wide audit into the material conditions of Brazilian penitentiary facilities, with a view to establishing and implementing cleaning, renovation and refurbishment programmes. 110. Pre-trial detainees interviewed in Viana II complained about the high temperatures in their cells during warm weather and that a number of inmates had developed breathing problems due to poor ventilation. Furthermore, the toilet facilities inside the quadruple occupancy cells (approximately 8 m²) were of a design that offered little privacy. 111. Appropriate steps should be taken to remedy the deficiencies concerning the temperature, insufficient ventilation and sanitary facilities in the cells. (c) Sunbath and activities 112. The SPT received allegations of insufficient access to the minimum of one hour daily exercise as provided for in international standards.41 The appalling material conditions of the Ary Franco facility were exacerbated by the fact that inmates were locked up in their overcrowded cells, without proper ventilation or natural light, continuously for up to two or three weeks (only ten prisoners from each cell had access on a rotating basis to one hour sunbath per week). In the Viana II maximum security penitentiary, the regime was limited for the majority of pre-trial prisoners to one hour of outdoor exercise per day, and only a reduced number of inmates had access to work and education programmes. Inmates explained that they had no access to books of their choice. 113. The SPT noted that there were few opportunities available to inmates to participate in meaningful activities, although some facilities provided some opportunities. At Nelson Hungria, the SPT noted that 330 inmates were attending classes in the school, which included primary, secondary and university-level education. The range of activities offered to inmates in Coronel Odenir Guimarães-CPP’s Módulo de Respeito was good. However, other units within the same facility were found to be lacking any meaningful opportunities for education, work and recreation. 114. The SPT recommends that all inmates without exception be given access to a minimum of one hour daily exercise in the open air. The SPT recommends that the relevant authorities increase their efforts to provide all inmates with purposeful activities and improve the programme of activities offered in penitentiary establishments nation-wide. 40 41 18 Regras Mínimas. SMRTP, rule 21.

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