CAT/OP/BRA/1 I. Introduction 1. In accordance with articles 1 and 11 of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT), the Subcommittee on Prevention of Torture (SPT) conducted a visit to Brazil from 19 to 30 September 2011.1 2. The SPT was represented by the following members: Wilder Tayler (Head of Delegation), Mario Coriolano, Marija Definis-Gojanovic, Suzanne Jabbour, Goran Klemencic, Petros Michaelides, Christian Pross, and Felipe Villavicencio. 3. The SPT was assisted by four Human Rights Officers from the Office of the United Nations High Commissioner for Human Rights (OHCHR). In addition, the SPT was assisted by United Nations security officers and interpreters. 4. During its visit to Brazil, the SPT observed the treatment of persons deprived of their liberty in four different states. 2 In São Paulo, the SPT focused its work on juvenile detention centres, while in the other states visited it covered a wide range of institutions. 5. Whilst not all places visited are mentioned in this report, the SPT reserves the right to comment on any place visited in its future dialogue with the State party. The absence of any comment in this report relating to a particular institution visited by the SPT does not imply either a positive or negative finding in relation to it. 6. In addition to visiting places of detention, the SPT held meetings with government authorities, with the United Nations system in the country, and with members of civil society.3 The SPT wishes to thank them for the valuable information provided. 7. At the conclusion of the visit, the SPT presented its confidential preliminary observations orally to the Brazilian authorities.4 The Government of Brazil submitted comments to those preliminary observations on 28 November 2011. In the present report, the SPT presents its findings and recommendations concerning the prevention of torture and ill-treatment of persons deprived of their liberty in Brazil. This report uses the generic term “ill-treatment” to refer to any form of cruel, inhuman or degrading treatment or punishment.5 8. The SPT recalls that many of the recommendations made in the present report are not being presented to the Government of Brazil for the first time, considering previous visits by United Nations human rights mechanisms. Unfortunately, the SPT noted many of the same problems identified by those preceding visits, 6 despite progress in some specific areas. It is concerned that recurrent and consistent recommendations made over several 1 2 3 4 5 6 For more information about the SPT, please consult the webpage: http://www2.ohchr.org/english/bodies/cat/opcat/index.htm. Please see Annex II. Please see Annex I. The preliminary observations were subsequently transmitted to the State party in writing on 14 October 2011. In accordance with article 16 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (UNCAT). Report of Special Rapporteur on Torture, Sir Nigel Rodley, on his visit to Brazil, E/CN.4/2001/66/Add.2; Report on Brazil produced by the Committee against Torture (CAT) under article 20 of the Convention and reply from the Government of Brazil, CAT/C/39/2; Reports of the Special Rapporteur on extrajudicial, summary or arbitrary executions, A/HRC/14/24/Add.4 and A/HRC/11/2/Add.2. 3