CAT/OP/BRA/1
interviewed reported consistent practices of physical abuse, some amounting to torture, as
well as a lack of legal safeguards.
134. The SPT welcomed the overall involvement of the public defender in centres for
children and adolescents. The SPT was, however, concerned by the lack of transparent
information provided to children who were not properly informed about the judicial process
and the system in place for evaluating their progress and ability to reintegrate into society.
The SPT was also concerned at the absence of visits carried out by public prosecutors and
judges in centres for children and adolescents.
135.
The SPT recommends that:
(a)
All legal safeguards provided by the ECA be applied to the child or
adolescent from the moment of arrest.
(b)
Priority be given to reducing the number of children detained prior to a
determination by a judge, and to reducing the duration of deprivation of liberty when
there are compelling reasons for the child to be deprived of liberty.48
(c)
Children receive proper legal defence at all stages of legal proceedings,
including during police interviews49 and regular inspections of those centres be carried
out by judges and public prosecutors.
2.
Conditions of detention
136. Despite good material conditions noticed in the internment units for girls
(Educandário Santos Dumont in Rio de Janeiro and Mooca in São Paulo) as well as in
CENSE Gelso de Carvalho Amaral in Rio de Janeiro and CASA Nogueira in São Paulo, the
SPT was concerned with the overall conditions in which persons aged 12 to 21 years old
were held. The situation was considered even worse in facilities where children and
adolescents in conflict with the law were recidivists.
137. In most institutions visited in the State of São Paulo and in Instituto Padre Severino
in Rio de Janeiro, the SPT was concerned with the poor material conditions of detention.
The delegation found overcrowding in the cells, inadequate bedding, inadequate access to
hygiene materials and poor clothing. The SPT was shown samples of food distributed to the
children, some appearing to be rotten.
138. The SPT recommends that the State party provide, in accordance with
international standards, adequate food and accommodation facilities, as well as
minimum required items for persons to live in detention in dignity with regard to
hygiene.
139.
The SPT further recommends that:
a)
The new centre which was being built in the Padre Severino complex be
completed so as to enable the closure of crumbling dormitories in the main centre and
reduce the acute overcrowding in that centre;
b)
The State party accelerates the decentralization process to enable
children and adolescents to remain in centres closer to their families.
48
49
22
United Nations Rules for the Protection of Juveniles Deprived of their Liberty, rule 17.
Beijing Rules, para. 7.1.
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