E Economic and Social Council - acnudh
E Economic and Social Council - acnudh
E Economic and Social Council - acnudh
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E/CN.4/2006/6/Add.2<br />
page 6<br />
ratifying the Optional Protocol to the International Covenant on Civil <strong>and</strong> Political Rights<br />
so that the Human Rights Committee can receive individual complaints.<br />
Brazil<br />
Follow-up to the recommendations made by the Special Rapporteur in the report of his visit to<br />
Brazil in August <strong>and</strong> September 2000 (E/CN.4/2001/66/Add.2, para. 169)<br />
22. Recommendation (a) stated: First <strong>and</strong> foremost, the top federal <strong>and</strong> State political<br />
leaders need to declare unambiguously that they will not tolerate torture or other<br />
ill-treatment by public officials, especially military <strong>and</strong> civil police, prison personnel <strong>and</strong><br />
personnel of juvenile institutions. They need to take vigorous measures to make such<br />
declarations credible <strong>and</strong> make clear that the culture of impunity must end. In addition to<br />
giving effect to the subsequent recommendations, these measures should include<br />
unannounced visits by them to police stations, pre-trial detention facilities <strong>and</strong><br />
penitentiaries known for the prevalence of such treatment. In particular, they should hold<br />
those in charge of places of detention at the time abuses are perpetrated personally<br />
responsible for the abuses. Such responsibility should include, but not be limited to, the<br />
practice obtaining in some localities, according to which the occurrence of abuses during<br />
their period of authority will adversely affect promotion prospects <strong>and</strong> indeed should<br />
involve removal from office, which removal should not consist merely of transfer to<br />
another institution.<br />
23. According to information received from NGOs, public declarations condemning torture<br />
made by high profile political leaders, other than human rights secretaries, are extremely rare.<br />
The Federal Government launched a national campaign against torture after the Special<br />
Rapporteur’s visit. However, the campaign failed to address the fundamental causes of the crime<br />
<strong>and</strong> did not seek to improve mechanisms for safe <strong>and</strong> effective reporting <strong>and</strong> prosecution of<br />
cases. Instead the Government focused on the creation of a very short <strong>and</strong> limited publicity<br />
campaign <strong>and</strong> the creation of a telephone hotline, to encourage anonymous denunciations, <strong>and</strong><br />
with a view to collecting data. The administration <strong>and</strong> running of the “SOS Torture” line has<br />
been carried out by NGOs, who receive government funding for doing so. It is reported that the<br />
data collected by the hotline is not a reliable indicator of levels of torture in a given place, as<br />
higher numbers of calls may result from a variety of factors, such as higher awareness of the<br />
existence of the hotline or better access to telephones. Given the anonymous nature of the hotline<br />
it did not contribute to the effective reporting or investigation of alleged cases of torture.<br />
24. Recommendation (b) stated: The abuse by the police of the power of arrest without<br />
judicial order in flagrante delicto cases to arrest any suspect should be brought to an<br />
immediate end.<br />
25. Recommendation (c) stated: Those legitimately arrested in flagrante delicto should<br />
not be held in police stations beyond the 24-hour period required for obtaining a judicial<br />
warrant of temporary detention. Overcrowding in rem<strong>and</strong> prisons can be no justification<br />
for leaving detainees in the h<strong>and</strong>s of the police (where, in any event, the conditions of<br />
overcrowding appear substantially to exceed those even in some of the most overcrowded<br />
prisons).