CAT/OP/BRA/1 3. Discipline and sanction 124. The SPT took note that Brazilian law44 contains provisions concerning disciplinary sanctions applicable to persons deprived of their liberty. During its visits, the SPT came across a number of prisoners that were held in disciplinary isolation cells. From interviews with these prisoners it transpired that punishment was often applied in reaction to their complaints and that collective punishment was a regular occurrence. It was also evident that inmates had no trust in any complaints mechanism available to them. According to concordant allegations by prisoners in Nelson Hungria prison, inmates in disciplinary segregation were confined 24 hours a day behind a double metal door. The seven punishment cells in this facility were often flooded with rainwater. 125. The SPT reiterates its recommendation that the authorities ensure that no form of punishment is applied as a response to complaints. The SPT further recommends that no collective punishments are used, and that they shall be prohibited by law. 45 4. Torture and ill-treatment 126. Several inmates complained of ill-treatment and abuses involving insults, arbitrary sanctions and humiliation by prison guards. At Ary Franco, the SPT observed that the general atmosphere was highly repressive and characterized by the continuous degrading treatment of inmates. The SPT received consistent allegations of ill-treatment, including destruction of personal property by staff or by “faxinas”. Inmates were forced to adopt humiliating positions during transfers or inspections. Finally, the SPT received allegations of beatings. 127. The SPT was also concerned by allegations of severe ill-treatment and inhumane conditions of transportation in vehicles of the Special Operations Services (Serviços de Operações Especiais, SOE). The alleged methods used by SOE personnel included: locking-up a high number of detainees in uncomfortable positions, handcuffed, and with no ventilation, opening the vehicle and spraying pepper spray on them and then locking up the vehicle. Beatings, insults and threats were also alleged. 128. At Viana II, the SPT also heard allegations of ill-treatment and excessive use of force by prison guards, especially the alleged use of teargas in confined spaces, including cells. The SPT has serious reservations about the use of irritant gases in confined spaces, as it may entail health risks and cause unnecessary suffering. 129. As a matter of urgency, the SPT calls upon the State party to: (a) Ensure that a prompt and impartial investigation is made into all complaints of torture and ill-treatment, in accordance with articles 12 and 13 of the Convention against Torture. (b) Unambiguously reaffirm the absolute prohibition of torture and publicly condemn such practise of torture, accompanied by a clear warning that anyone committing such acts or otherwise complicit or participating in torture will be held personally responsible before the law for such acts and will be subject to criminal prosecution and appropriate penalties. (c) Ensure that in cases of torture and ill-treatment, suspects are suspended from duty immediately for the duration of the investigation, and dismissed from the service if found guilty. 44 45 20 Lei de Execução Penal, Decree Law No. 7,210 of 11 July 1984. Inter-American Principles, principle XXII.4.