Prevention of Torture: UN human rights body presents confidential preliminary observations to the Government of Brazil

Brasília, 30 September 2011 – The United Nations Subcommittee on Prevention of Torture (SPT) presented today its confidential preliminary observations to the Government of Brazil, in conclusion of its first regular visit to the country, which took place from 19 to 30 September 2011. During the visit, the SPT met with the relevant national authorities and representatives of civil society, and conducted visits to a number of places of deprivation of liberty (see attached list), including police stations, prisons, juvenile detention centres and psychiatric institutions in the states of Espírito Santo, Goiás, Rio de Janeiro, and São Paulo.

“We hope that our visit to Brazil will contribute to the ongoing efforts of the Brazilian Government and other stakeholders to ensure that persons deprived of their liberty in Brazil are not put at risk of torture or ill-treatment”, stated Mr. Wilder Tayler-Souto, Head of the SPT Delegation to Brazil.

The SPT mandate permits it to conduct on-site visits and make recommendations to the authorities to establish effective safeguards against the risk of torture and ill-treatment in places of deprivation of liberty. The SPT mandate is mirrored at the national level by a National Preventive Mechanism (NPMs), and, in countries with a federal structure, state preventive mechanisms. Brazil undertook an obligation to create an NPM one year after the entry into force of the Optional Protocol to the Convention against Torture, but the establishment of such a national body remains pending. The SPT had the opportunity to meet with the local preventive mechanism of Rio de Janeiro, however.

“The SPT was very encouraged to meet with the members of the Rio de Janeiro preventive mechanism, although they have only just taken up their offices and begun their operative work. We call on the federal and state authorities to provide the Rio de Janeiro mechanism as well as other future mechanisms with the functional independence and with sufficient resources necessary to allow for their effective operation”, Tayler-Souto highlighted.

Regarding a nation-wide preventive mechanism, Tayler-Souto emphasized that “it is for the Brazilian authorities to decide which form the NPM at the national level should take provided that the NPM is established in accordance with Brazil’s international obligations under the provisions of the Protocol. The delegation was informed that a draft law for the creation of the Brazilian NPM has just been signed by the President and that it will be sent to Congress today. We are encouraged by this new development, and we hope that Congress will promptly discuss this draft law and create a national mechanism for prevention of torture which complies with international law.”

During the visit, the SPT had the opportunity to explore the treatment of persons deprived of their liberty in Brazil, and the safeguards for their protection against torture and ill-treatment. In addition to visiting places of detention, the SPT conducted private and confidential interviews with persons deprived of their liberty in the institutions that were visited. In addition to being a legal obligation of the SPT under the Optional Protocol, the requirements of confidentiality serve to protect persons interviewed.

In accordance with the provisions of the Optional Protocol, the SPT will send its final report confidentially to the Brazilian Government, and hopes to continue its constructive dialogue with the authorities in the near future.

The SPT Delegation to Brazil was composed of the following members: Mr. Wilder TAYLER-SOUTO (Head of Delegation), Mr. Mario CORIOLANO (Vice-Chairperson), Ms. Suzanne JABBOUR (Vice-Chairperson), Ms. Marija DEFINIS-GOJANOVIC, Mr. Goran KLEMENCIC, Mr. Petros MICHAELIDES, Mr. Christian PROSS and Mr. Felipe VILLAVICENCIO. The SPT delegation benefited from the support of the United Nations system in Brazil.

ENDS

For more information about the Subcommittee on Prevention of Torture:
http://www2.ohchr.org/english/bodies/cat/opcat/index.htm

Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment:
http://www2.ohchr.org/english/law/cat-one.htm

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Places of deprivation of liberty visited by the SPT

• Penitentiary Institutions

• Aparecida de Goiânia Prison Complex [Coronel Odenir Guimaraes male prison, pre-trial detention facility, and high security facility (“Núcleo de custodia”)], Goiás
• Ary Franco male prison, Río de Janeiro
• Vicente Piragibe male prison, Gericinó complex (Bangú), Río de Janeiro
• Nelson Hungria female prison (Bangú VII), Gericinó complex (Bangú), Río de Janeiro
• Petrolino de Oliveira female prison (Bangú VIII), Gericinó complex (Bangú), Río de Janeiro
• Pre-trial detention facility Viana II, Viana Complex, Espírito Santo
• Pre-trial Detention Unit for females (CDP-FVV), Complexo Penitenciario Regional Vila Velha, Espírito Santo

• Police Institutions:

• Polinter Neves, Río de Janeiro
• 76° Police Station, Niteroi, Río de Janeiro
• Polinter Grajaú, Rio de Janeiro
• 59° Police Station, Duque de Caxias, Río de Janeiro

• Facilities for Children and Juveniles:

• Internment Unit Belem, Sao Paulo
• Franco da Rocha complex (Internment Units Jacarandá and Tapajós), Sao Paulo
• Internment Unit Franco da Rocha complex (Internato Franco da Rocha), Sao Paulo
• Court provisional detention facility in Bras, Sao Paulo
• Villa Maria complex (Internment Unit Jatobá and Nogueira), Sao Paulo
• Internment units for female juveniles in Mooca, Sao Paulo
• Instituto Padre Severino, Río de Janeiro
• Educandário Santos Dumont (female juveniles), Río de Janeiro
• CENSE Gelso de Carvalho Amaral, Río de Janeiro
• Unidade de Internaçao Socieducativa, Regional Penitentiary Complex in Vila Velha, Espírito Santo
· Other facilities:
• Experimental Health Unit (Unidade Experimental de Saúde), Sao Paulo
• Center for Treatment of Drug Addiction (Centro de Tratamento em Dependência Química Roberto Medeiros), Gericinó complex (Bangú), Río de Janeiro