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daily activities. In the Santa Cruz do Caparibe prison, a new facility in the State of
Pernambuco, the Subcommittee observed that certain cells built to house nine inmates each
appeared to have fewer than six square metres of space, not including the area occupied by
the shower, toilet and beds. In many prisons and pretrial detention facilities in various states,
detainees in cells slept in hammocks affixed to the ceiling due to the insufficient number of
beds or mattresses.
47.
The Subcommittee considers that such overcrowding compromises the physical and
mental health and dignity of detainees, subjecting them to an increased risk of infectious
diseases and stress and reducing their access to overstretched medical services. The
Subcommittee encourages the State party to continue to implement programmes such as
custody hearings that can effectively reduce the prison population. The Subcommittee also
notes that the Federal Supreme Court is currently considering measures that would, if
implemented, reduce overcrowding, namely the decriminalization of drugs through a
declaration that article 28 of the Anti-Drug Law is unconstitutional, and the possibility for
certain detainees at overpopulated facilities to benefit from alternative arrangements such as
house arrest. However, it appears that much more needs to be done.
48.
The Subcommittee urges the State party to redouble its efforts to reduce
overcrowding in detention facilities, 7 and would like to be informed of specific
measures taken and of progress made in this area.
49.
The Subcommittee recommends that the State party ensure that all cells,
whether occupied by pretrial detainees, juveniles, convicted prisoners or patients in
psychiatric institutions, comply with international standards, including those
regulating minimum cell size for intended occupancy.
50.
The Subcommittee is deeply concerned about incidents of extreme violence,
including homicide, occurring among detainees in overcrowded detention facilities. The
Subcommittee notes that overcrowding exacerbates detainees’ stress levels, forcing them to
compete for limited space and resources, which in turn results in aggressive behaviour and
an increased risk of violence towards not only detainees but staff as well. Despite the
recommendations made in its 2012 report, overcrowding in Brazilian detention facilities
remains problematic. For example, the Anísio Jobim prison complex in Manaus, whose
intended capacity is 450, held 1,203 inmates at the time of the Subcommittee’s visit.
Twelve inmates were killed inside this prison in 2002, and the current overcrowding
increases the risk that a similar incident could occur at any time. Indeed, in July 2015, one
inmate was decapitated by other inmates shortly after arriving at the prison. At one of the
prisons it visited, the Subcommittee received repeated allegations regarding the existence of
designated cells and other areas where inmates are regularly taken to be beaten and tortured
by other inmates. At a female prison, the Subcommittee interviewed an inmate who had
been moved to an isolation unit after having killed another inmate. In the State of Bahía in
May 2015, 9 inmates were killed in a prison housing over 1,000 inmates, well in excess of
its intended capacity of 644.
51.
The Subcommittee recommends that the State party increase staffing levels in
detention facilities so that there are an adequate number of trained wardens, guards
and medical and professional staff to ensure the safety of both staff and detainees, and
to reduce the influence of organized crime.
2.
Basic necessities
52.
The Subcommittee remains seriously concerned at the material conditions of
detention in Brazil, especially concerning access to basic necessities. In several of the
7
12
The Nelson Mandela Rules, rule 10.