full version - World Organisation Against Torture

Brazil2002. In 2002 alone, at least sixteen rural laborers were murdered in landconflicts and seventy-three people received death threats. Cases of ruralviolence, including killings, were rarely prosecuted, and criminal prosecutionsrarely ended in convictions, mainly because local interests at stakeexercise too much pressure on local courts.5.1 Torture and Ill-treatmentTorture is considered a crime by law 9455/97. Assimilated to other“crimes hediondos,” 71 punishment of torture consists therefore of 3 up to6 year-imprisonment, not subject to amnesty, bail or conditional freedom.State Police are divided into two forces: (a) the civil police, who has aninvestigative role and the (b) uniformed police, know officially as the“military police,” both responsible for the maintaining of public order.One of the main characteristics of the uniformed police is the fact ofhaving a separate judicial system.The lack of accountability and the inefficiency of the criminal justice systemare major problems. 72 Some examples are stated below:In October 2000, the authorities arrested two civil guards in São Pauloand accused them of the sexual assault of three teenage girls caughttrespassing in a cemetery. Police authorities began an internal investigationinto the matter, but no further information was available on the statusof the case. 73A prominent case of torture was reported in Rio de Janeiro in January2001, where two women were taken into custody by private securityguards after allegedly shoplifting sunblock lotion from a department storeof the Carrefour chain. Instead of turning the women over the police, thesecurity guards called in local drug traffickers who beat the women.Police have charged three Carrefour employees and four alleged gangmembers in the case.5.2 Women in CustodyWith respect to criminal legislation, several remedies for the defense ofthreatened rights are foreseen by law, as follows: (a) habeas corpus; (b)89