A/HRC/31/57/Add.4
only one led to a conviction. He strongly encourages Congress to approve bill No. 4.471 of
2012, which abolishes “resistance to arrest followed by death” (auto de resistência) and
similar mechanisms.
62.
In penitentiary facilities, the death rate (homicides, and accidental and natural
deaths) is very high. According to Infopen, in the first half of 2014, 565 deaths were
registered, of which about half were intentional deaths, equivalent to 167.5 per 100,000 per
year; in one State, the rate was as high as 1,502 per 100,000 per year. Reportedly, such
deaths occur primarily in the context of prison riots, some of which are reportedly staged by
agents, and gang-related inmate violence, during which the perpetrators may be inmates,
prison guards or police members sent in to control the insurgence.
63.
In 2014, the trial for the 1992 riot in the Carandiru Penitentiary, in which 111
prisoners were killed following a violent intervention by military police, was concluded.
Eighty-four police officers were convicted. Carandiru was demolished in 2002. Following
the initiation of the trial in 2013, the number of deaths in prisons caused by violence by
State agents is said to have dropped.
64.
The Ministry of Justice has issued protocols for investigations of homicides in
general, a welcome step in breaking the cycle of impunity. There are no specific protocols
in place, however, for investigating homicides that are prima facie attributable to law
enforcement or corrections agents. By contrast, in such cases significant efforts are
undertaken to “make them invisible”.
Impunity for acts of torture and ill-treatment and deaths in custody
65.
The Special Rapporteur notes that Brazil has made recent strides in the struggle to
overcome the all-pervasive impunity for the serious crimes committed by State agents
during the military dictatorship (1964-1984), including the valuable work of the
Commission of Amnesty within the federal Ministry of Justice and the strongly worded
report of the national truth commission released in 2014.
66.
Law No. 9.455 of 1997 defines the crime of torture and establishes corresponding
sanctions. The Special Rapporteur notes, however, that there is a long way to go in the fight
against impunity. Currently, cases of law enforcement agents who commit abuses against
detainees and inmates are not investigated in any meaningful way and such perpetrators are
rarely brought to justice. No independent investigation mechanism is in place to prevent
cases from simply being filed away.
67.
He learned of cases of administrative disciplinary measures, and of initiation of
prosecutions. For the most part, however, agents accused of serious crimes, including
torture, had not been arrested, or, if arrested, had soon been released.
68.
Moreover, the Special Rapporteur notes with concern that cases involving violations
committed by military agents against civilians are tried in military courts (although the
latter include some civilian magistrates). When the suspect is a member of the civil police,
jurisdiction lies with ordinary criminal courts.
69.
Obstacles remain to implementing the 2010 decision of the Inter-American Court of
Human Rights in the case of Gomes Lund v. Brazil, which declared the incompatibility of
how the amnesty law is applied with the obligations of Brazil under the American
Convention on Human Rights.
70.
The Special Rapporteur notes that impunity for torture, in addition to its other
negative impacts, contributes to an increase in violent crime, as offenders resist arrest rather
than surrendering to face torture, or seek revenge for the torture suffered. Impunity thereby
creates risks to the life and personal integrity of law enforcement agents. The spiral of
criminal violence that affects Brazil is only exacerbated by the prevailing impunity.
12
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