186.To promote control and the follow-up of possible cases of torture or ill-treatment in the Sate penitentiary systems, the Ministry of
Justice is implementing a policy aimed at setting up and equipping state penitentiary systems’ Ombudsman Offices (Target 3 of the
Penitentiary System’s Master Plan). By late 2012, the existing Ombudsman Officesin eleven states will be restructured with the
acquisition of equipment. This support, together with the provision of a computerized information system and with coordination
actions and networking, will allow the monitoring and follow-up of reports pertaining to the Brazilian penitentiary system.
Coordination actions and networking include the establishment of a Virtual Forum of Penitentiary System Ombudspersons, joint
inspection visits, and the holding of the Third National Encounter of Penitentiary System Ombudspersons, planned for November
2012.
187.It is worth noting that about 40 per cent of the states have their own Penitentiary System Ombudsman Office and about 63 per
cent have Penitentiary System Judicial Administrative Offices.
188.To monitor the implementation of penitentiary policies and verify prison conditions as well as any reports, inspections of state
prison establishments are undertaken, according to a yearly schedule, by the Ministry of Justice (CNPCP and Ombudsman Offices),
the Secretariat for Human Rights, the Ministry of Health, and the Secretariat for the Women´s Rights. At the state and local levels,
periodic inspections are made by the Penitentiary Councils, the Community Councils, the Sanitary Surveillance Agency (ANVISA),
judges, Criminal Execution prosecutors and public defenders, and civil society entities. Reports on these inspections make
recommendations for improving these establishments and urge the competent authorities to take the pertinent measures.
189.In addition, the Ministry of Justice has supported coordination actions and networking through the establishment of a Virtual
Forum of the Penitentiary System Ombudspersons, joint inspection visits, and by holding the Third National Encounter of Penitentiary
System Ombudspersons, scheduled for November 2012. These initiatives will allow a better monitoring and follow-up of reports
related to the Penitentiary System.
(c)Search procedure
190.Regarding the procedure for searching visitors, the Brazilian State has endeavored to improve the regulation of this matter,
establishing that scanning search be the rule at all criminal establishments, and prohibiting any kind of mechanism susceptible of
violating the fundamental rights of visitors. A Bill is being drafted to prohibit the practice of strip search in the prison system and to set
rules for other forms of search.
191.This Bill’ intention is to give priority to scanning search and set rules for manual search, to be done on a visitor’s body and
clothing, while strip search is forbidden. Should manual search be necessary, it should be done by a qualified agent of the same sex of
the person to be searched, while human dignity should be respected at all times
VI.Reference to the recommendations of the United Nations Subcommittee on
Prevention of Torture
192.The State referred to the recommendations of the SPT report as indicated below:
Recommendations / SPT report paragraphs
Sections of the State’s report
9, 12
26, 29, 31, 41, 43, 64, 68, 86 and 129
26, 132, 135, 138, 139, 142, 149 and 150
70, 72, 76, 78, 93, 95, 97, 101, 103, 108, 109, 111, 114, 117 and 123
33, 55, 58, 61, 62, 66, 68, 74, 88, 90, 98, 100, 109, 123, 125 and 129
114,
39, 41, 43, 45, 47, 49, 51 and 121
39, 41, 43, 45, 51, 61
26, 35, 68
139
152, 154
17, 20, 33, 51, 53, 55, 61, 62, 119, 142, 149 and 150
Section 1
Section 2.1
Section 3
Section 4.1
Section 4.2
Section 4.3 e 4.4
Section 4.5
Section 4.6
Section 4.7
Section 4.8
Section 4.9
Section 5
VII.Conclusions
193.In 2012, Law No. 9455 of 1997, which defines the crime of torture in Brazil, celebrates 15 years. However, the normative and
institutional progress achieved since the end of dictatorship and the return to democracy have not yet completely overcome the issues
involved to this crime. The visit of the SPT, as well as the recommendations made by this mechanism, represented a valuable
opportunity for the BrazilianState to evaluate and enrol the efforts made in the last years, aiming at implementing this Law in the
country.
194.Therefore, the continuous monitoring of institutions where there is deprivation of liberty is essential to prevent torture. It is
necessary that a network of different actors such as judges, public defenders, prosecutors, policemen and federal and State
managers, engage in a tireless work on the facilities where there is deprivation of liberty, in order to decrease and discourage
violations, as well as in order to punish its perpetrators. Preventing and combating torture rely on an active collaboration between the
State and society, between all three branches of the Republic, as well as between all levels of government, for there is a permanent
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