CAT/OP/BRA/2/Add.1 outcome of the talks was the signing of the Agreement on Measures to Improve the Prison System and Reduce the Shortfall in Capacity on 23 October 2013 (annex V).13 58. As its title suggests, the Agreement is not limited merely to building more prisons, but also contains measures aimed at improving the provision of health care and education in prisons, and social reintegration. It maps out action on three fronts: (a) modernizing the justice system and making it more accessible; (b) modernizing and professionalizing prison administration; and (c) improving social reintegration programmes for prison inmates and former inmates. Especially noteworthy proposals contained in the Agreement include a preliminary bill on body searches and another on dealing with serious breaches of prison discipline, and a proposal to standardize visit reports, all of which reflect the Subcommittee’s approach to preventing and combating torture. 59. With regard to body searches, the authorities have reached the conclusion that manual searches should be a last resort, when a visitor’s health or physical condition (e.g. pregnancy or a pacemaker) mean certain types of mechanical or electronic detection equipment cannot be used or where there are grounds for believing the person may be carrying prohibited items or substances. In the latter case, the existing mechanical and electronic equipment is not capable of detecting certain prohibited or illegal items because it will only detect objects that can be used as weapons or as a means of communicating. Where the visitor is unwilling to submit to a body search, the visit may take place in an interview room or similar location, thereby safeguarding the prisoner’s right to visits. Visits may also take place in an interview room or similar where suspicion lingers even after a manual body search.14 60. Moreover, even when body searches are necessary for prison security, they must always be conducted with respect for human dignity. Strip searches must be prohibited because they are degrading, invasive and an affront to human dignity.15 This consideration led to the drafting of Senate bill 480/2013, which is currently before the Senate Constitutional, Justice and Civic Affairs Committee and provides for the amendment of the Sentence Enforcement Act so as to put an end to such degrading searches in all prisons. The bill states that body searches in prisons must be conducted with respect for human dignity, without any form of stripping, or inhuman or degrading treatment. It also sets forth exceptional circumstances in which manual body searches may be carried out. 61. It was also proposed to draft a bill to regulate the approach to serious breaches of prison discipline. Under current legislation, disciplinary procedures are governed by regulations that vary by federal entity. The bill contains an amendment to article 59 of the Sentence Enforcement Act (Act No. 7210/84) to guarantee a prisoner’s right to a hearing and a proper defence when facing disciplinary charges. 13 14 15 GE.14-42059 The Ministry of Justice was represented by the National Penitentiary Department, the Secretariat for Judicial Reform and the Secretariat for Legislative Affairs. In line with the basic construction guidelines for prisons and as stated by the National Council on Criminal and Penitentiary Policy in Resolution No. 9, of 18 November 2011, “self-contained areas must be set aside for family and intimate visits, separate from other parts of the prison and with access arranged so as to prevent visitors coming into contact with other inmates. They must include independent quarters for intimate visits, enclosed or open courtyards, bathrooms, and facilities for search and monitoring by officials”. In its first report, the Subcommittee recommended that the State party ensure that “searches shall comply with criteria of necessity, reasonableness and proportionality. If conducted, bodily searches shall be carried out under adequate sanitary conditions, by qualified personnel of the same sex, and shall be compatible with human dignity and respect for fundamental rights. Intrusive vaginal or anal searches shall be forbidden by law [reference omitted].” (CAT/OP/BRA/R.1, para. 119). 15