E/CN.4/2001/66/Add.2
page 48
3. Ouvidorias
143. Police ombudsman’s offices (ouvidorias) have now been established in some state police
departments as an additional oversight body to monitor police behaviour. The first ouvidoria
was created in the State of São Paulo in 1995. Since then, ouvidorias have been established in
the States of Pará, Minas Gerais, Rio de Janeiro and Rio Grande do Sul. They are under the
jurisdiction of the State Secretary for Public Security.
144. The ouvidor of the State of São Paulo, who serves as ombudsman for both military and
civil police69 reported that during the previous four years his office had received 764 accusations
of torture involving some 3,000 people and mainly regarding police misconduct in police
stations and provisional detention centres. He regretted that only five criminal investigations had
been opened under the Torture Act. All denunciations of police misconduct received by the
ouvidoria must first be transmitted to the corregedoria which decides whether there is sufficient
evidence to open an administrative inquiry. According to the ouvidor, cases involving military
police officers, especially of high rank, are dealt with reluctantly by the military police
corregedoria as the corregedor himself is subordinated to the chain of military command. He
also pointed out that cases referred to the civil police corregedoria were often not the subject of
any investigation.
145. Finally, the ouvidor indicated that the police in the hinterland who commit abuses benefit
from almost total impunity. To remedy this situation, he had proposed the decentralization of his
office activities. It is reported that two decrees have been approved to this effect but that they
had not yet been published at the time of the visit of the Special Rapporteur and could therefore
not be implemented. It must be noted that ouvidorias may refer a case directly to the Public
Prosecutor’s Office when there is sufficient evidence, even if the case has been previously filed
by the police or the corregedoria. The ouvidor stressed that if public prosecutors were able to
follow cases from the beginning of the inquiry instead of relying on evidence gathered by the
police, this would greatly contribute to the fight against impunity. He, as well as NGOs, alleged
that even though public prosecutors have the power to conduct their own investigations, they
rarely exercise this power and rely mainly on police investigations, which they never question.
146. In Minas Gerais, the creation of the prison and the civil police ouvidoria, created in 1998,
is said to have led to a reduction of torture complaints. This office consists solely of the police
ombudswoman, one adviser, one executive secretary and one intern. As there is no legal adviser
in the team, it is believed to be difficult for the ouvidoria to have a legal approach to the cases
received. The human rights prosecutor is said to be cooperating with the ouvidoria. It was
pointed out that cases of complaint against the military police are sent directly to the military
staff command.
4. Forensic Medical Institute (Instituto Medico-Legal, IML)
147. Torture victims must request a medical form from a delegado in order to be examined at
a Forensic Medical Institute (IML). These Institutes are under the jurisdiction of the same
Secretariat as the police, i.e. the State Secretariat for Public Security. According to the
São Paulo State Public Prosecutor, upon arrest on judicial warrant a forensic examination of the
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