CAT/OP/BRA/1
3.
Discipline and sanction
140. The SPT was concerned by the very strict and militaristic regime observed in
facilities for children and adolescents. With regard to the use of security troops to maintain
discipline, the SPT refers to section IV.C.4. In Viana II, children and adolescents were
detained in a maximum prison facility, with very rigorous internal procedures. In that
facility, the SPT was very concerned by the health and psychological situation of the
children, some of whom were heavily medicated.
141. The SPT noted the existence of a complaints mechanism (“ouvidoría”) for children
and adolescents. In practice however, those interviewed and who alleged ill-treatment or
other forms of abuses, were unable to report those abuses to independent and impartial third
parties. The SPT was very concerned at the fears of reprisals expressed by most children
and adolescents.
142. The SPT recommends that the State party take practical steps to guarantee the
right of children and adolescents to submit petitions or appeals regarding their
treatment, including disciplinary measures, without fear of reprisals, to an
independent authority with appropriate remedial powers.
4.
Torture and ill-treatment
(a)
Pre-trial detention facilities
143. The SPT received consistent and numerous allegations of ill-treatment at Forum
Bras and the adjacent building of Rio Nilo, both being pre-trial detention facilities adjacent
to the Bras court in São Paulo. Children and adolescents reported a military atmosphere
with strict discipline. The SPT observed that inmates kept their heads facing the floor and
their hands behind their back, and were not allowed to talk. The SPT noticed bruises (black
eyes) on the face of some of the inmates.
(b)
Institutions for children and adolescents
144. Although the authorities insisted on the pedagogic nature of the work in the centres
and the absence of armed staff inside the centres for children and adolescents, the SPT was
very concerned, especially in centres for recidivists, at the palpable tension existing
between inmates and staff.
145. Through interviews conducted with a number of children and adolescents, the SPT
received credible and reiterated allegations of torture and ill-treatment. These included
beatings by staff on the back of the head and other parts of the body with open hands, wood
or metal batons, stripping of children and adolescents, forcing them to stand in
uncomfortable positions, insults and threats. As an overall observation, the SPT noted that
humiliating practices were resorted to as a tool to maintain discipline. In the Internment
Unit of Jatobá in São Paulo the SPT collected evidence of dismissal and cover-up of
injuries by medical staff. In the facility for children and adolescents in Espírito Santo,
which was run as a maximum security prison, there were five suicide attempts and one
suicide in the past seven months.
146. An extremely worrying element was the involvement of external security troops
(“tropa de choque”) to maintain discipline and quell riots. Ordinarily, these troops would
remain outside the centres and intervene only when requested to do so by the administration
in the case of riots. However, the SPT received a number of credible allegations that
external troops would frequently, if not systematically, be requested to enter and apply
excessive use of force and humiliating practices following a search of a centre or when a
riot or even a disagreement arose between a child or adolescent and the staff. In one centre,
these interventions had allegedly happened three times in one week. The children showed
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