E/CN.4/2004/56/Add.3
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63.
The Special Rapporteur has been informed that the judiciary has failed to monitor the
completion of jail sentences by inmates. He has also been informed that according to the
National Centre to Support Alternative Sentences and Measures of the National Secretary of
Justice (CENAPA), in May 2002, the application of alternative sentences and measures
increased by 10 per cent. In May 2003, the Ministry of Justice instituted a National Programme
of Support for and Monitoring of Alternative Sentences and Measures, reportedly to encourage
the application of alternative sentences. The Special Rapporteur would appreciate receiving
information on the concrete measures taken to effectively implement this programme.
64.
Recommendation (p) stated: For the same reason, the law on heinous crimes and
other relevant legislation should be amended to ensure that often long periods of detention
or imprisonment are not imposable for relatively low-level criminality. The crime of
“disrespecting authority” (desacatar functionario publico no exercisio de sua function),
article 331 of the Penal Code, should be abolished.
65.
According to the information received, no measures have been taken to implement this
recommendation. On the contrary, the information received suggests that the tendency has been
to impose harsher sentences.
66.
Recommendation (q) stated: There should be sufficient public defenders to ensure
that legal advice and protection are available for every person deprived of liberty from the
moment of arrest.
67.
According to the information received, six states still lack public defender’s offices. In
other parts of the country public defenders are reportedly given limited resources.
68.
Recommendation (r) stated: Greater use should be made of and the necessary
resources provided for such institutions as community councils, state councils on human
rights and police and prison ombudsmen. In particular, fully resourced community
councils, which include representatives of civil society, notably human rights
non-governmental organizations, with unrestricted access to all places of detention and the
power to collect evidence of official wrongdoing, should be established in each state.
69.
According to the information received, the few existing community councils work with
limited resources and do not receive public funds. Despite these difficulties, the Special
Rapporteur has been informed of the efforts of a number of them, in particular, community
councils in Rio de Janeiro, Recife and in the State of Pará, which have access to prisons and can
report on the conditions of detention. The Special Rapporteur has also been informed of the
existence of the Federal Council for Human Rights (Conselho Estadual dos Direitos da Pessoa
Humana, CONDEPE) in São Paulo and the Safety Council in the State of Paraíba (CONSEG),
which also have unrestricted access to prisons. However, it is reported that these councils lack
adequate autonomy. On the other hand, the Special Rapporteur was informed that the existing
National Council on Human Rights (Conselho Nacional da Pessoa Humana) had been
established during the military dictatorship. A bill on the functions of this institution is
reportedly under discussion at the Chamber of Deputies. The Special Rapporteur would
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