suspended from their duties
during the investigation
and proceedings. Where a
specific allegation or
pattern of acts of torture or
ill-treatment is
demonstrated, the
personnel involved should
be peremptorily dismissed.
(j)
penitentiaries and institutions for
juvenile offenders. The purposes
ranged from obtaining of
information and confessions to
the lubrication of systems of
financial extortion.
It is still largely the case that the bodies
responsible for investigating and reporting
acts of torture, including internal police
investigation units [corregedorias], forensic
medical units [institutos médicos legais],
the public prosecutors office [ministerio
público], and the judiciary have largely
failed to carry out investigations either due
to lack of resources, negligence or
complicity.
Certain dedicated public prosecutors have
proven to be notable exceptions to this
rule, as are those working in the human
rights department in the state of Minas
Gerais, and those prosecutors responsible
for monitoring São Paulo’s juvenile
detention system, the Foundation for the
Well-Being of Minors, or Fundação
Estadual do Bem Estar do Menor
(FEBEM), where systematic work has
contributed to increased prosecutions,
though often in the face of institutional
pressures.
monitors consider any such complaints
likely to be true (A/HRC/11/2/Add.2, para.
43).
Non-governmental sources: While there
have been some important prosecutions of
suspected perpetrators of torture, as far as
records stand, convictions continue to be
minimal. This is largely due to the fact that
mechanisms for denouncing, investigating
and prosecuting perpetrators of torture
remain extremely weak.
17
Witness protection
programmes should be
implemented in all states,
PROVITA currently operates in 16 states
and the federal district
A/HRC/13/39/Add.6
States which have police ombudsmen’s
offices have to some extent managed to
document the extent of torture. Given the
limited powers bestowed to the offices,
especially the lack of investigative powers
and the lack of any real independence both
financial and institutional, they have also
failed to reduce incidences of torture.
Consequently, visits to places where
torture is thought to occur and the reporting
of cases is often limited to those civil
society groups able to obtain access.
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