CAT/OP/BRA/3
7.
The Subcommittee requests the State to provide it with a reply within six
months from the date of transmission of the present report, giving a full account of the
actions taken to implement the recommendations and a road map and timeline for
those that remain pending.
8.
The present report will remain confidential until such time as the State decides to
make it public, as stipulated in article 16 (2) of the Optional Protocol. The Subcommittee
draws the State’s attention to the Special Fund established in accordance with article 26 of
the Optional Protocol, as recommendations contained in public Subcommittee visit reports
can form the basis of an application to that mechanism for funding of specific projects.
9.
The Subcommittee recommends that the State request the publication of the
present report in accordance with article 16 (2) of the Optional Protocol. In addition,
the Subcommittee recommends that the State distribute the report to all the relevant
government departments and institutions.
II. Facilitation of the visit and cooperation
10.
The Subcommittee expresses its gratitude to the federal authorities for their
cooperation. In particular, the Subcommittee would like to thank the State for the
information received prior to the visit, the issuance of credentials for unrestricted access to
places of detention and for the designation of Pedro Saldanha, Head of the Human Rights
Division of the Ministry of Foreign Affairs, as focal point for the visit. The Subcommittee
would also like to thank Renato Vitto, Director General of the National Penitentiary
Department, for facilitating the coordination of the Subcommittee’s visit on the ground.
11.
The Subcommittee acknowledges the cooperation extended by the Government
during the design of the mission, the transparency of the dialogue with the Subcommittee
during the mission, and the level of access provided by federal and state institutions through
meetings and visits. Nevertheless, serious difficulties of access presented themselves in the
State of Amazonas, due to lack of thorough knowledge of the Optional Protocol. Some of
these difficulties, attributable to high-level state authorities in Amazonas, were partially
resolved after the intervention of the federal authorities. The Subcommittee wishes to
underline the constructive role played by the Permanent Mission of Brazil to the United
Nations Office at Geneva during the preparatory stage of the visit.
III. Reprisals
12.
The Subcommittee is concerned about possible reprisals against persons interviewed
during the visit, and wishes to emphasize that any reprisal constitutes a violation of the
State’s obligation to cooperate with the Subcommittee under the Optional Protocol. The
Subcommittee therefore urges the State to ensure that there are no reprisals following the
visit. In this connection, the Subcommittee wishes to draw the attention of the authorities to
the Subcommittee’s policy on reprisals in relation to its visiting mandate
(CAT/OP/6/Rev.1).
13.
The Subcommittee condemns any act of reprisal. It reiterates the
recommendations made in connection with its preliminary observations, and stresses
that persons who provide information to or cooperate with national or international
agencies or institutions should not suffer adverse consequences for having done so.
The Subcommittee requests the State party to include in its reply information on the
steps taken to prevent and investigate possible acts of reprisal.
4