CAT/OP/BRA/3
IV. Overarching issues
14.
The State understands the urgent need to improve the situation of persons deprived
of their liberty, and that the Government has taken some concrete steps in this regard.
However, the ambitious policies that have been articulated must be enhanced and promptly
implemented in order to address systemic issues that present serious risks of torture and illtreatment for persons deprived of their liberty. These issues are detailed below in sections
A-D below.
A.
1.
Treatment and torture by police
Need for prevention, investigation and sanctions
15.
Police in Brazil are deployed primarily at the state level, where they are separated
into civil and military police operating independently of one another. The Subcommittee is
deeply concerned at numerous allegations concerning violent acts by the military police,
which conducts patrols to maintain public order and arrests suspects. Specifically, the
Subcommittee interviewed several detainees who claimed that officers of the military
police, including officers of the motorcycle police unit, used disproportionate force when
conducting arrests: pepper spray, rubber bullets, sticks, tasers delivering electric shocks and
plastic bags placed over detainees’ heads, sometimes for prolonged periods. The
Subcommittee notes that these methods may constitute torture or cruel, inhuman or
degrading treatment, and recalls the State’s obligation under article 11 of the Convention to
keep under systematic review methods of interrogation and arrangements for the custody
and treatment of persons subjected to any form of arrest, detention or imprisonment, with a
view to preventing torture.
16.
In its 2012 report to the State party, the Subcommittee expressed concern regarding
allegations of severe ill-treatment of detainees and inhumane conditions of transportation
by vehicle. The Subcommittee had received allegations that detainees were crowded into
vehicles with little or no ventilation and were handcuffed in uncomfortable positions. These
conditions persist.
17.
The Subcommittee also received several allegations concerning the use of force by
specialized units of the military police conducting raids inside prisons and pretrial detention
facilities. In one facility, it heard allegations that police officers had threatened inmates,
assaulting them with pepper spray, brandishing guns, beating them and destroying their
personal belongings. The Subcommittee was informed that such raids were outsourced to a
private company, highlighting the need for proper oversight over subcontractors who are
assigned police-type duties while in contact with persons deprived of their liberty.
18.
The Subcommittee further received information concerning a steady increase in the
number of deaths inflicted by police officers that are improperly classified as lawful
“resistance killings”. The Subcommittee is also very concerned at reports that black
individuals represent a highly disproportionate number of those killed by on-duty police
officers.
19.
Urging the State party to take action to prevent, investigate and prosecute acts
of torture and killings by police officers, the Subcommittee recommends:
(a) Mandatory comprehensive training for police officers before deployment,
familiarizing them with the prohibition on torture and ill-treatment, as well as
ongoing training and evaluation. The training should include instruction on the use of
non-lethal methods in apprehending suspects, techniques of modern forensic
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