CAT/OP/BRA/2/Add.1
well. A Ministry of Justice survey in 2008 found that community councils tend also to
include representatives of religious bodies, municipal secretariats, service associations, city
councils, trade unions, universities, NGOs, the Department of Prosecution, the judiciary
and others.22
93.
The community councils are set up by ordinance by the courts responsible for
sentence enforcement, and cover one judicial district (which may include several
municipalities). After its first meeting, members draw up rules of procedure on matters such
as officers, frequency of meetings and rules of debate.
94.
Community council members are independent and in practice have a wide scope of
action, as they help to oversee prison policy. The councils have been involved in the
following areas: representing and mediating in the community; seeking resources from
public and private sources; making presentations on prison policy to collegiate bodies and
local and regional organizations; and formulating and recommending comprehensive
policies for attending to prisoners and former prisoners.
95.
The community council is the body closest to prison routine and to the community.
Its potential to combine local and global strengths and to propose measures for monitoring
prison conditions is high. In dealing with state prison administration agencies, its main
functions are:
(a)
Assistance: outreach to families, convicts and ex-convicts in emergencies;
(b)
Material aid for prisons: equipment acquisition; participation in renovation
work;
(c)
Oversight: respect for rights; use of appropriations; performance of public
institutions involved in the application of criminal penalties;
(d)
Community representation/mediation: requests for resources from public and
private sources, presentations on prison policy to collegiate bodies and local and regional
organizations, formulating and recommending integrated policies for attending to prisoners
and former prisoners;
(e)
Educating the community about prison affairs; media communications,
participation in forums and local and regional seminars, participation in training for people
working with inmates;
(f)
Advisory: formulating opinions on use of appropriations and making
proposals for public policy.
96.
As sentence oversight bodies, community councils have privileged access to prisons
and inmates, to officials and to the information necessary for independent oversight. When
irregularities are observed, they are reported to the competent bodies or, where possible, the
council members help seek solutions to the problems.
97.
A 2010 survey by the Federal Government and the National Council of Justice
identified a total of 1,046 community councils, a figure that covers roughly one third of the
22
By law (Sentence Enforcement Act (No. 7210), art. 81), community councils are required to:
I.
Visit the correctional facilities located in the judicial district at least once a month;
II.
Interview inmates;
III. Submit monthly reports to the sentencing judge and the Penitentiary Council;
IV. Make efforts to secure material and human resources for the best care of prisoners and
detainees, in agreement with the administration of the institution.
GE.14-42059
23
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