CAT/OP/BRA/3
79.
The Subcommittee learned that since its establishment in August 2014, one of the
main initial priorities of the National Committee has been the selection of members of the
National Mechanism, who were officially appointed in March 2015. The Subcommittee
was informed that the National Mechanism became operational in April 2015, with nine
members. The federal law stipulates, 15 however, that the national preventive mechanism
will be composed of 11 experts selected by the National Committee and appointed by the
President of Brazil for a three-year term, with one additional term of office allowed. The
President of the National Committee appoints a new expert each year who is in charge of
coordinating the National Mechanism.
80.
Both the National Committee and the National Mechanism are newly established
institutions and are both administratively linked to the federal Human Rights Secretariat.
They are physically located within the premises of the Secretariat and their structure is
integrated within the Secretariat. It was brought to the Subcommittee’s attention that the
resources for the functioning of these institutions derive from the budget of the Secretariat.
The Subcommittee took note with regret that the national preventive mechanism is not
provided with the necessary resources to permit it to carry out its functions effectively and
independently.
81.
The Subcommittee observed that at the initial phase of its establishment, the national
preventive mechanism has focused mainly on drafting its internal procedures and protocols
and establishing a monitoring plan, as well as carrying out a few monitoring visits to
detention sites. The Subcommittee acknowledges the solid and technical qualifications of
the members of the mechanism, whose wide range of knowledge allows for the
development of a multidisciplinary approach in their torture prevention work.
82.
Furthermore, the Subcommittee observed that the national preventive mechanism
was still little known among the general public and the detained population. The
Subcommittee believes that the status and visibility of the mechanism should be enhanced.
Moreover, the mechanism itself does not engage sufficiently in legislative processes,
advocacy which national preventive mechanisms are encouraged to undertake according to
article 19 of the Optional Protocol and which increases their overall visibility.
83.
The Subcommittee has received information from civil society about the lack of
transparency in the working methods of the National Committee that in turn may have an
impact on the perceived legitimacy and effectiveness of this new institution and decrease
the potential for cooperation with other institutions or organizations, which is one of the
cornerstones of the National System to Prevent and Combat Torture. The civil society has
also raised concerns regarding the level of autonomy of the National Committee vis-à-vis
the Government.
84.
The Subcommittee welcomes the completion of the lengthy legislative process
involved in creating the National Mechanism to Prevent and Combat Torture in 2015.
The Subcommittee reminds the State party that the provision of adequate financial
and human resources constitutes a legal obligation under article 18 (3) of the Optional
Protocol, and wishes to be informed, as a matter of priority, about the steps the State
party intends to take to provide the national preventive mechanism with adequate
financial and human resources to ensure that it has complete financial and
operational autonomy.
85.
The Subcommittee recalls that, in accordance with its guidelines on national
preventive mechanisms, the State party should ensure that the national preventive
mechanism enjoys operational autonomy and independence, and that it should refrain
15
Article 8 of federal law 12.847.
17
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