Brazzil 1. Following a request by the Special Rapporteur in November 1998, the Government of
Brazil invited him in May 2000 to undertake a fact-finding mission to the country within
the framework of his mandate. The objective of the visit, which took place from 20 August
to 12 September 2000, was to enable the Special Rapporteur to collect first-hand
information from a wide range of contacts in order to better assess the situation of
torture in Brazil, thus enabling the Special Rapporteur to recommend to the Government a
number of measures to be adopted in order to comply with its commitment to putting an end
to acts of torture and other forms of ill-treatment. 2. During his mission the Special Rapporteur visited the following states: Federal
District of Brasilia, São Paulo, Rio de Janeiro, Minas Gerais, Pernambuco and Pará. In
Brasilia, he held meetings with the following authorities: the President of the Federal
Republic of Brazil, H.E. Mr. Fernando Henrique Cardoso; the Minister of Justice, Dr. José
Gregori; the Secretary of State for Human Rights, Ambassador Gilberto Vergne Saboia; the
National Secretary for Justice, Ms. Elisabeth Süssekind; the Secretary-General of the
Ministry of Foreign Affairs (acting Minister), Ambassador Luis Felipe de Seixas Correa;
the President of the Federal Supreme Court, Minister Carlos Mário da Silva Velloso; the
President of the Federal Court of Appeal, Mr. Paulo Roberto S. da Costa Leite; the General
Prosecutor of the Republic, Dr. Geraldo Brindeiro; the President of the Commission on
Human Rights of the Chamber of Deputies, Mr. Marcos Rolim, as well as some members of the
Commission and the Chairman of the Subcommission on the prevention and punishment of
torture; Mr. Nilmario Miranda; the Federal Prosecutor for the Rights of the Citizens, Ms.
Maria Eliane Menezes de Farias; and some public prosecutors from the Center against
torture (Núcleo contra tortura) of the Public Prosecutor's Office of the Federal
District. 3. In São Paulo city (State of Sao Paulo), the Special Rapporteur held meetings with
the following authorities: the Governor, Mr. Mario Covas ; the State Secretary for Public
Security, Mr. Marco Vinicio Petrelluzzi; the State Secretary for Penitentiary
Administration, Mr. Nagashi Furukawa; the State Secretary in Charge of Social Development,
Mr. Edson Ortega Marques, as well as some of his colleagues working for the State
Foundation for the Well-Being of Minors (Fundação Estadual para o Bem Estar do Menor -
FEBEM); State Secretary for Justice, Mr. Edson Vismona; the Special Assistant at the
Attorney-General's Office for Human Rights, Mr. Carlos Cardoso de Oliveira Júnior; the
Head of the Civil Police, Mr. Ruy Estanislau Silveira Mello; the Police Ombudsman ("ouvidor"),
Mr. Benedito Domingos Mariano; the Head of the Military Police, Colonel Luiz Carlos de
Oliveira Guimarães; the President of the Court of Appeals, Mr. Marcio Martins Bonilha. In
Rio de Janeiro (State of Rio de Janeiro), he held meetings with the following authorities:
the Governor, Mr. Anthony Garotinho; the State Secretary for Justice, Mr. João Luis Duboc
Pinaud; the State Secretary for Public Security, Coronel Josias Quintal; the Coordinator
for the Public Security, Coronel Jorge da Silva; the head of internal affairs ("corregedor")
for the civil police, Doctor José Versillo Filho; the "corregedor" for the
military police, Coronel José Carlos Rodrigues Ferreira; the external "ouvidor"
for the military and civil police, Doctor Celma Duarte; the General Prosecutor, Mr. Doctor
José Munhoz Pinheiro; the President of the Tribunal of Justice, Mr. Humberto de Mendonça
Manes. In Belo Horizonte (State of Minas Gerais), he held meetings with: the Governor, Mr.
Itamar Franco; the State Secretary for Justice, Doctor Angela Maria Prate Pace; the State
Secretary for Public Security, Doctor Mauro Ribeiro Lopes; the "corregedor" for
the military police, Mr. José Antonio de Moraes; the "corregedor" for the civil
police, Mr. José Antonio Borges; the General Commander of the Military Police, Coronel
Mauro Lucio Gontijo; the Undersecretary for Human Rights; Doctor José Francisco da Silva.
In Recife (State of Pernambuco), he held meetings with: the Governor, Mr. Jarbas de
Andrade Vasconcelos; the State Secretary for Justice, Mr. Humberto Vieira de Melo; the
Director of the Penitentiary System, Mr. Geraldo Severiano da Silva; the Director of the
Foundation for the Support of Children and Adolescent (FUNDAC), Mr. Ivan Porto; the State
Secretary for Social Defense, Mr. Iran Pereira dos Santos; the Head of the Civil Police
and "corregedor" for the military and civil police, Mr. Francisco Edilson de
Sé; the "ouvidor" for the military and civil police, Mr. Sueldo Cavalcanti
Melo; the President of the Tribunal of Justice, Mr. Nildo Nery dos Santos; the Prosecutor
General, Mr. Romero Andrade. In Belém (State of Pará), he held meeting with: the
President of the Tribunal of Justice/Chief Justice, Mr. José Alberto Soares Maia; the
Attorney General, Mr. Geraldo Rocha; the State Secretary for Justice, Ms. Maria de Lourdes
Silva da Silveira; the State Secretary for Public Security, Mr. Paulo Sette Câmara; the
Superintendent of the Penitentiary System, Mr. Albério Sabbá; the Head of the Civil
Police, Mr. Lauriston Luna Goes; the Head of the Military Police, Captain Jorgilson Smith;
the "ouvidor" for the police, Ms. Rosa Rothe. In all States, he also met with
members of the Human Rights Commission of the State Legislative Assembly. 4. The Special Rapporteur also met persons who themselves or whose relatives had
allegedly been victims of torture or other forms of ill-treatment and received verbal
and/or written information from non-governmental organizations (NGOs), including the
following: the Center for the Study of Violence (Núcleo de Estudos da Violência), Global
Justice Center (Justiça Global), Office for Judicial Assistance to Popular Organizations
(GAJOP), National Human Rights Movement, Action of the Christians for the Abolition of
Torture (ACAT), Tortura Nunca Mais, Prison Ministry (Pastoral Carcerária), Prison
Ministry for the Land (Comissão Pastoral da Terra). Finally, he also met lawyers and
public prosecutors, including public prosecutors in charge of juvenile offenders in São
Paulo. 5. In all cities except in Brasilia, the Special Rapporteur visited police lock-ups,
pre-trial and juvenile detention centers as well as prisons. With respect to detention
facilities, while it is not within the mandate of the Special Rapporteur to describe and
analyze the conditions of detention exhaustively, as with his visits to other countries,
he took the opportunity while in Brazil to visit a number of them mainly to meet with
people who could testify to the treatment they had received in places of detention before
being transferred to a pre-trial detention center or a prison. Nevertheless, prior to his
visit, the Special Rapporteur had received information according to which the conditions
of detention were torturous and therefore could not ignore this issue. A description of
the conditions in these various places of detention may be found in the first part of the
present report. 6. The Special Rapporteur wishes to thank the Government of the Federative Republic of
Brazil for having invited him. He also wishes to thank the Federal and State authorities
for extending full cooperation during the mission, thus making his task much easier. He
expresses his gratitude to the Resident Representative of the United Nations and his staff
at the United Nations Development Program for their logistic and other support. I. THE PRACTICE OF TORTURE: A. General issues 7. During the course of the past few years (see E/CN.4/1999/61, paras. 86 et sq., and
E/CN.4/2000/9, paras. 134 et sq.), the Special Rapporteur had advised the Government that
he had been receiving information according to which police routinely beat and torture
criminal suspects to extract information, confessions or money. The problem of police
brutality, at the time of arrest or during interrogation, was reportedly endemic. The
failure to investigate, prosecute and punish police officers who commit acts of torture
was said to have created a climate of impunity that encourages continued human rights
violations. The Special Rapporteur had also transmitted information on the prison
conditions which were reported to be notoriously harsh. Severe overcrowding was alleged to
be prevalent throughout the prison system. As a result, prison riots were said to be a
common occurrence and prison guards were reported to resort to the use of excessive force.
Even though internal legislation might provide adequate provisions to safeguard detainees'
human rights, a combination of corruption, lack of professional training for prison guards
and lack of official guidelines and effective monitoring of abuses was said to have
prompted an on-going crisis in the penitentiary system. Torture was also believed to be
used as a punishment by prison officers who allegedly apply illegal collective
"punishment". 8. In its Initial Report on the implementation of the Convention against Torture and
other Cruel, Inhuman or Degrading Treatment or Punishment, the Government recognized that
"[t]he existence of a law which characterizes crimes of torture, the disposition of
the federal government and some state governments to curb the perpetration of this crime
as to prevent inhuman treatment from being imposed on prisoners are initiatives which are
slowly changing the situation of the issue in Brazil. The persistence of this situation
means that police officers are still making use of torture to withdraw information and
force confession, as a means of extortion or punishment. The number of confessions under
torture and the high incidence of denunciation are still significant (...). Demands of
prisoners at police stations for medical, social or legal assistance, or to change certain
aspects in the prison routine are not always pacifically welcomed by police officers or
agents. It must be observed that retaliation against prisoners involving torture,
beatings, deprivation and humiliation are common. (...) Many of these crimes remain
unpunished, as a result of a strong feeling of esprit de corps among police forces to
investigate and punish officials involved with the practice of torture. (...) The lack of
training of police officers and penitentiary officials to carry out their duties is
another important aspect concerning the continuity of practices of torture." 9. During his mission, the Special Rapporteur received information from
non-governmental sources and a very large number of accounts by alleged torture victims or
witnesses, of which a selection is reproduced in the annex to this report, indicating that
torture is widespread and, most of the time, concerns persons from the lowest strata of
the society and/or of African descendant or belonging to minority groups. It must be noted
that a large number of detainees feared reprisals for having spoken to the Special
Rapporteur and a significant number of them therefore refused to make their testimonies
public. Beatings with hands, iron or wooden bars or a "palmatória" (a flat but
thick piece of wood looking like a large spoon said to have been used to beat the palm of
hands and sole of feet of slaves), techniques referred to as "telefone" which
consists in repeatedly slapping the victim's ears alternatively or simultaneously and
"pau de arara" (parrot's perch) which consists in beating a victim who has been
hung upside down, being subjected to electro-shocks on various parts of the body,
including the genitals, or to suffocation with plastic bags, sometimes filled in with
pepper, placed over the head of the victims were the most commonly reported techniques
used. The purpose of such acts was allegedly to make persons under arrest sign a
confession or to extract a bribe, or to punish or intimidate individuals suspected of
having committed a crime. It is reported that being of African descent or belonging to a
minority or marginalized group, and in particular a combination of the characteristics,
make such persons more easily suspected of criminal activities in the eyes of law
enforcement officials. 10. The President of Brazil indicated that his government was planning to implement a
comprehensive public security plan. The Special Rapporteur notes, however, that the fight
against a high level of criminality was often presented by his official interlocutors as
an explanation, if not a justification, of the rather tough behavior of law enforcement
officials who were reported to have to face violent criminals while having limited
resources at their disposal. The focus of public security policies was thus believed to be
on repression, apparently sometimes without clear limitations, rather than prevention. The
need to alleviate the general feeling of public insecurity which feeds constant requests
from the population for always stronger and more repressive measures against suspected
criminals was often stressed. The media were also said to be partly responsible for this
feeling of insecurity amongst the public. In that respect, human rights education of the
population at large was said, in particular by NGOs, to need to be improved seriously. 11. For ease of reference, this section begins with a detailed description of the
places of detention visited by the Special Rapporteur during his stay in the following
states: São Paulo, Rio de Janeiro, Minas Gerais, Pernambuco and Pará. It is sub-divided
into the following categories of places of detention: police stations/lock-ups, pre-trial
detention centers, prisons and juvenile detention centers. The Special Rapporteur did not
visit any places of detention in the Federal District of Brasilia as few allegations had
been made with respect to it. Similarly, he had received few information according to
which federal law enforcement officials were responsible of torture. In all places of
detention visited by the Special Rapporteur, with the exception of Nelson Hungria prison
in Minas Gerais, the main problem was the overcrowding situation which, coupled with
inadequate architectural plant often falling apart, unhygienic sanitation, lack of health
care and poor quality or even shortage of food, render the conditions of detention
sub-human as several authorities warned the Special Rapporteur. According to NGOs, those
conditions cannot be blamed only on lack of financial or material resources, but also
result from deliberate policies or serious neglect on the part of the relevant
authorities. However, the Special Rapporteur notes that a number of his official
interlocutors, in particular heads of police stations ("delegados"), complained
about the extreme material situation they were made to face because of, according to them,
lack of resources. Most of them regretted having to hold persons in such bad conditions.
Furthermore, as pointed out by the "delegado" of the theft and robbery police
station of Belo Horizonte, due to the fact that most detainees are held in police station
rather than in pre-trial detention centers or prisons, police officers are compelled to
act as guards rather than as investigators, while their primary function and training
concern the latter. 12. A number of "delegados", as well as heads of pre-trial detention centers
and prisons, drew the Special Rapporteur's attention to the fact that the overcrowding
situation coupled with a lack of personnel resources often led to high tensions between
the staff and the detainees population, attempted escapes and, often violent, rebellions
which could only be dealt with by the use of force. The tough treatment to which detainees
were allegedly subjected to was thus justified by some authorities by the need for the
staff to control the detainees population and maintain order in places of detention. It
must be noted that, on several occasions, the Special Rapporteur advised the authorities
concerned to take immediate measures to ensure that appropriate medical treatment be
provided to detainees. 13. Beatings are also said to be frequently used to punish inmates allegedly having not
respected the internal disciplinary rules. Special police units are often called in to
restore order and security and that the excessive use of force is common in such
instances. Many allegations referred to members of the special units wearing hoods and
using wooden and iron sticks and wires. Beatings were also said to occur the nights
following a rebellion or an attempted escape as a form of punishment. Transfers to new
places of detention is reported to be often accompanied by beatings by guards upon arrival
as a way of indicating to new-comers who is in charge of the place. Detainees are
allegedly made to run a gauntlet formed by the guards and security personnel who kick and
punch them, often with sticks and chains, while reciting internal disciplinary rules
(technique referred to as the Polish corridor, "corredor polonês"). According
to the information received, inmate-on-inmate violence is frequent in police lock-ups and
prisons. The fact that recidivists convicted for violent crimes are held with first-time
petty offenders, the harsh conditions of detention, the lack of effective supervision due
to the scarcity of security personnel, the lack of activities for detainees and the
abundance of weapons brought in detention places allegedly with the complicity of the
police or prison personnel, are believed to be the main factors of this violence. In some
instance, it was alleged that such violence was condoned or even encouraged by public
authorities responsible of these places. 14. According to NGOs, with respect to the level of responsibility, some of those
incriminated act out of ignorance and others out of pure habit, for they have regularly
acted that way for a long time without fear of any consequences, in particular during the
military regime (1964 - 1985). However, they recognized the federal government's and some
state governments' resolve to end those practices, even if the steps taken are still
greeted with caution. Indeed, they drew the Special Rapporteur's attention to the fact
that at least a certain degree of violence against suspected law-breakers seems to be
socially accepted or even encouraged, the very concept of human rights being perceived as
a way of protecting law-breakers. According to several non-governmental and some official
sources, the common perception of the population at large is that persons under arrest or
in detention deserve to be ill-treated, as well as to be held in bad conditions. It was
therefore believed that political decision-makers were under pressure to fight criminality
by all means rather that to combat torture. 15. The President of Brazil expressed his and his Government's commitment to human
rights and determination to tackle the problem of torture. In particular, he indicated
that considerable efforts were currently made to build new detention with a view to reduce
the overcrowding situation even though he acknowledged that too many people were arrested
and detained unnecessarily. Similarly, the President of the Supreme Court recognized the
need to pay closer to the problem of torture and indicated that judges were all educated
in human rights. SÃO PAULO 28. It is the belief of the Special Rapporteur that detainees awaiting appearance in
court in those sub-human conditions could only appear to their judges as unwholesome and
dangerous. A large number of detainees expressed their shame of being seen in such a dirty
and smelly state when brought to court. They did not understand why they had to be brought
here before being taken to court, and not directly from their respective police lock-ups.
They understandably believed that this humiliation was done on purpose in order to erode
any sympathy on the part of the judges. The Special Rapporteur notes with concern the
comment of a guard, responding to the Special Rapporteur's having conveyed the prisoners'
fears that they would be subjected to reprisals for talking to the Special Rapporteur and
his team, which indicated that, as the detainees had behaved properly on that night, it
would not be necessary to do anything to them. 2. Prisons 29. On 25 August, the Special Rapporteur visited the Detention House (Casa de
Detenção) of Carandiru penitentiary where 7,772 were held in nine pavilions in which
detainees were said to be divided according to the crime for which they had been
sentenced. The official capacity of the Detention House, i.e. 3,500, was said by the
Director to have been augmented by prisoners themselves, who had built new beds in their
cells. In pavilions he visited, the Special Rapporteur noted that first-time and repeated
offenders were mixed. All detainees complained about the poor quality of the food, mainly
composed of pasta and rice mixed together. 30. In Pavilion Four, the Special Rapporteur visited the punishment cells located in
the basement, commonly referred to as the dungeon. The cells measure approximately nine
square meters and contain a cemented bed, a sink and a hole as a toilet. Some detainees
had allegedly received a very slim mattress and a sheet the day before the visit of the
Special Rapporteur. At the time of the visit, the cells were without light, very smelly
and dirty despite the fact that the main corridor was being washed, according to the
detainees, for the first time since their arrival (for some, more than 20 days before the
visit). Cells were holding two to five detainees while they were supposed to hold only one
person. Most had spent more than 20 days in these cells and did not know the length of
their punishment. 31. A number of the prisoners present in these cells claimed that they had been
punished for having refused to be transferred from their original pavilion, Pavilion Nine,
to the pavilion where transvestites and rapists are held as a punishment for having fought
between themselves. Before being sent to the punishment cells, they had been severely
beaten with iron sticks and some had been forced to sign a paper indicating they accepted
such transfer. Three detainees had still visible marks of torture consistent with their
allegations. The Special Rapporteur was informed that one of them had had a leg broken by
the beatings and had been transferred, in company of two others seriously injured, a
couple of hours before the Special Rapporteur's visit. When the Special Rapporteur asked
to see them, he was told that two had been taken to court and were supposed to be returned
shortly and one had been transferred to Mandaqui hospital. After a couple of hours, the
two detainees were eventually said to be in the State High Security Prison of Carandiru
where the Special Rapporteur was able to interview Marcelo Ferreira da Costa and Ronaldo
Gaspar dos Santos despite the fact that they were in a state of shock and seriously afraid
of being subjected to reprisals after the Special Rapporteur's departure (see annex). On
the following morning, the Special Rapporteur went to Mandaqui hospital to interview the
third one. At his arrival at the hospital, he was told that the prisoner had been sent
back the previous night at 23:30 p.m. to the Casa de Detenção of Carandiru. Finally, on
26 August, the Special Rapporteur met with Marcelo Miguel dos Santos who, because of his
poor health condition, could only be produced in a wheelchair (see annex). 32. The Special Rapporteur also visited the medical facility located on the second
floor of this pavilion. He noted the very limited medical resources and the dirty
conditions, in particular poor sanitation installations, in which sick detainees were
treated by a small medical team. According to the nurses who were present, any prisoner
could come to the medical wing and would be given medication, if need be, and patients
requiring more specialized treatment would be transferred to a hospital. 33. In Pavilion Five, the Special Rapporteur visited the fifth floor where the
so-called "seguros", most commonly referred as the "yellows" ("amarelos")
due to the color of their skin which, because of the lack of natural light, becomes pale
to the point of actually turning yellow, are detained. These detainees indicated that they
were let out of their cells on Sundays but only if visitors come which was said to happen
rarely for a large number of them. Otherwise, they were said to be kept in their cells all
the time. Ten to fifteen detainees were held in 15 square meters, with thin and dirty
mattresses on the floor and a hole used as a toilet and a shower. Cells were infested with
insects which were said to cause itching and skin diseases. Some had allegedly been
detained for more than six months in these cells without having seen any natural light. A
number of them appeared to the Special Rapporteur as mentally ill or seriously disturbed
and a large number alleged that they had been transferred to this section of the prison as
a form of punishment. One of them alleged that he had been beaten with iron bars for
having asked for medical treatment. Marks consistent with his allegations, in particular
on his head and shoulders, were still visible at the time of the visit of the Special
Rapporteur. Two others who bore serious recent marks of beatings refused to speak to the
Special Rapporteur for fear of reprisals. Another detainee had a very basic and improvised
probe. The Special Rapporteur was later informed that the Secretary of State in charge of
the penitentiary system had decided to close this section. By mid-January 2001, it was
reported that 230 out of the 300 prisoners kept there had already been transferred to
another prison in Sorocaba. 34. In the same pavilion, the Special Rapporteur visited the cells situated on the same
floor, but on the other side of the corridor where mainly non-catholic detainees were
kept, reportedly placed together at their own request. Four prisoners were held in every
cell which were clean and well-furbished with mattresses, and most of the time, an
additional cooker. Two floors below, the Special Rapporteur visited cells holding up to
eight prisoners in more than 20 square meters. These cells were clean and contained a
separate shower, toilet and sink. Each had a mattress and some personal items. The
detainees indicated that they were detained in such good conditions compared to others
because they were working. No explanation was given as to why they had been selected to
perform some manual activities. Before his visit, the Special Rapporteur had received
information according to which detainees have to pay or rent their cells through cell
leaders collaborating with prison guards. The head of this pavilion categorically refuted
this allegation. In this and other pavilions, detainees who were living in the worst
conditions were nevertheless able to give to the Special Rapporteur the price of better
cells. 35. During his visit to the various pavilions, the Special Rapporteur was able, most of
the time thanks to the indications given by detainees, to discover iron and wooden sticks,
some with handles. On one of the stick was written "see you at 19:30", which was
said to be the time the night shift starts on duty. Some were found in the office ("chefia")
of head of Pavilion Five, behind a fridge, other, in the guards' office in Pavilion Four,
behind the curtains. Various explanations were given by the authorities concerned: they
were broken pieces of furniture such as tables and chairs left unattended, bars used to
check the solidity of the cells' bars or bars detached by the prisoners themselves with a
view to use them as arms during rebellions. 36. The Special Rapporteur was later informed of the intention of the Secretary of
State in charge of the penitentiary system to divide the Casa de Detenção into four
different units headed by four directors, who were said to have already been identified,
with a view to exercise a better control over the inmate population. Furthermore, it is
believed that Pavilion Four will soon become a penitentiary hospital. 37. On 26 August, the Special Rapporteur visited one of the three women's
penitentiaries of the state of São Paulo, Prisão Feminina de Tatuapé, where 446 women
were said to be currently held while the official capacity was of 600, although the
Director of security who was in charge of the prison at the time of the Special
Rapporteur's visit, recognized that the real limit should be 450. She drew the attention
of the Special Rapporteur to the problem of the scarcity of personnel and its security
implications. She complained about the fact that she had only 20 guards per shift at her
disposal because of a large number of guards being on sick leave, mostly due to the harsh
conditions of work. Most guards were said to be women, but some were men, including
astonishingly the son of the General Director. On the day of the visit, they were fifteen
women and four men. Similarly, only one vehicle was at their disposal to carry out all
transfers, such as to courts, other penitentiaries or hospitals. Women were said not to be
separated according to their age or the crime they had been sentenced for and to be
working from 7:00 a.m. to 12:00 a.m. and 13:00 p.m. to 17:00 p.m. for a salary of 115
reais per month. According to the detainees, they were in fact receiving only 60 reais.
They were held five per cells measuring eight to ten square meters. Each cell contained
mattresses and a toilet, the showers being separated from the cells. Cells were clean and
detainees had made some basic improvements, such as placing curtains in front of the beds
in order to ensure some privacy. The Special Rapporteur visited the infirmary where a
detainee who had very recently given birth was held. She believed that her baby was going
to be taken from her and to be placed somewhere without having the possibility to see her
child again. 38. The Special Rapporteur visited the punishment cells ("castigo") of
Pavilion Two which were similar to other cells with the exception of the absence of a
toilet. Detainees indicated that they were let out of their cells upon the good will of
the guards. Some detainees claimed to be "in transit", i.e., being transferred
every 30 days or so to a different penitentiary, their relatives not being informed of
such transfers. In the dirty punishment cells of Pavilion Five, the Special Rapporteur met
with three women who were sharing two mattresses. A 20-year-old woman had allegedly been
beaten by the director's son, who was said to be a guard having access to all sections of
the prison at any time. Her right shoulder and hand bore marks of beatings ("hematomas")
consistent with her allegations. She also believed that she was "in transit"
since she had been moved from one prison to another every month, which was preventing her
family to visit her. In another cell, a young detainee refused to speak to the Special
Rapporteur for fear of reprisal. She nevertheless indicated to a member of the Special
Rapporteur's team that she had been sexually abused by a male prison official whom she
identified, but was too fearful to authorize the Special Rapporteur to name. RIO DE JANEIRO 1. Police stations 54. On 31 August, the Special Rapporteur visited the first "delegacia" legal
to have been opened in the state of Rio de Janeiro in March 1999. "Delegacias
legais" are part of a wide project of building police station which architecture is
designed to be transparent to outside monitoring. The Special Rapporteur considered this
to be a most positive initiative. He nevertheless noted that the 1,5 square metro cell, in
which persons were said to stay only for a couple of hours, lacked any light. The absence
of light was justified by security reasons. Nobody was said to have been detained in this
police station for more than 24 hours. Four of such police stations were said to be
currently operating in the city of Rio de Janeiro and three in the state of Rio de
Janeiro. According to the Governor, by the end of 2000 forty others were expected to be
operational and by the end of the present administration term in 2002, all police stations
would be of this sort. 55. On the same day, the Special Rapporteur visited the 54th District Police station,
from which all detainees had been transferred on 15 August to either Bangu penitentiary or
the 64th District Police station, as the 54th precinct was converted into a delegacia
legal. In the 64th District Police station 272 persons were detained at the time of the
visit of the Special Rapporteur, while the official capacity was said to be 150. Detainees
were said to be let out of their cells during the day and spent most of their daytime in a
small courtyard with little natural light. 57 persons were detained in a very hot, smelly
and dirty cell measuring approximately 30 square meters. A few mattresses were lying on
the floor. A hole was used as the toilet and the shower. The Special Rapporteur noted that
the distribution between the different cells was not equal. Detainees explained that they
had to pay the guards to be transferred to a less-crowded cell. The "delegada"
justified the actual distribution by the fact that detainees had to be divided according
to the (criminal) gang to which they were belonging in order to avoid inmate-on-inmate
violence. The Special Rapporteur noted that during the day all detainees were supposed to
be mixed in the courtyard and that no fight was said to have been erupted from this
situation. The "delegada" then complained about the overcrowding situation she
was made to face of a lack of places in penitentiaries. She nevertheless also recognized
that she had never entered the lock-up. 56. Most of the detainees complained of beatings at the time of arrest and during
preliminary interrogation, when asked to sign a confession. A large number of them alleged
that they had been beaten by police officers in both this police station and the 64th
police station from which a large number were coming from (see annex). A number of the
complaints also regarded the trustees who were said to be provided by the guards with iron
and wooden sticks or clubs and were maintaining order by beating other inmates. The
detainees indicated that theses sticks were kept by the trustees in their cells which were
located at the entrance of the lock-up, in front of the guards' office. These two cells
were very clean and well-furbished with mattresses and cookers, as well as other personal
items. Hidden under one of the beds, the Special Rapporteur discovered one rubber club and
two wooden night sticks with handles, as well as some iron bars. Interrogated, the chief
of the lock-up indicated that the trustees used the iron bars to check the solidity of the
cells' bars. No explanation was given regarding the presence of the three clubs. The
"delegada" assured the Special Rapporteur that she would take the necessary
measures and would investigate the behavior of the head of the lock-up. 2. A pre-trial detention facility 57. On 30 August, the Special Rapporteur visited the "casa de custódia"
Muniz Sodré, one of the provisional detention centers of the Bangu penitentiary complex.
At that time, 1,577 detainees were held in the twenty-four cells officially built to hold
62 persons each, i.e., a total of 1,488 detainees. The facility is divided into two large
pavilions containing 12 cell each. According to the director, while Muniz Sodré is a
pre-trial detention center, around forty per cent of the inmates were actually serving
their sentences, which in most of the cases were currently being appealed, and should have
therefore been transferred to other facilities. In view of the general overcrowding
situation in the state, the director indicated that it was not possible to know when such
transfers would take place. He nevertheless assured the Special Rapporteur that convicted
prisoners were separated from pre-trial detainees. 58. The director indicated that detainees were let out of their cells four hours a day
by shifts which was later denied by detainees interviewed by the Special Rapporteur.
Detainees claimed that they were only taken out of their cells once a week for two hours
when visitors were coming. Cells were clean, well lighted and aerated. Toilets and showers
were separated from the main part of the cell. In one of the cell visited, 68 prisoners
were held which meant that six prisoners had to sleep on the floor. All prisoners
nevertheless had their own mattress and blankets. 59. The Special Rapporteur visited the punishment cells where according to the registry
eight detainees were currently held. Eight detainees, half-naked, were currently detained
in very basic conditions. Most indicated that they had been punished for having fought
with other detainees and some complained of having been beaten by prison guards at the
time they were transferred to the punishment cells. All indicated that a dozen of
detainees, who were believed to be in bad condition due to the beatings to which they had
allegedly been subjected after an attempted escape, had recently been taken out of the
punishment cells. 60. The Special Rapporteur then visited the cell where these detainees were said to
have come from. Their co-inmates indicated that on 28 August there had been a general
search of their cell after an attempted escape from another cell during the night from the
26th to the 27th. They did not know why they had been targeted, as the escape attempt was
from another cell. After the search, some detainees complained about personal items which
had disappeared. It is believed that because of these complaints, they were allegedly
taken, through the so-called polish corridor, to the courtyard where they were severely
beaten by some 50 prison guards accompanied by members of special forces of the police
using wooden and iron sticks, some of which had wires around them, for five or six hours.
The director and sub-director in charge of security were said to have participated in the
beatings. According to them, one of them had been seriously wounded. On the same day, he
had to appear in front of a judge, who was believed to have ordered his transfer to a
hospital. The 70 detainees held in this cell at that time all bore visible and recent
marks (bruises, haematomas and scratches on various parts of the body) consistent with
their allegations. Detainees indicated that five detainees, who were said to be in bad
shape and whose names were given to the Special Rapporteur, had been taken out of the cell
just before the arrival of the Special Rapporteur. The guards indicated that the detainees
had been taken to the Forensic Medical Institute (Instituto Medico-Legal- IML), but that
they were to be taken back to Muniz Sodré the same night if vehicles were available.
After having waited for a couple of hours, the director assured the Special Rapporteur
that the five detainees referred to above were going to be brought back. 61. On that night, individually interviewed by the Special Rapporteur, the five
detainees (Jailson Thaumaturgo da Rocha Junior, Alexandre Arantes, Flavio Ailton da Silva,
Paulo Sergio Souza de Oliveira and Roberto da Costa Santiago) confirmed the allegations
made by their co-inmates. They also confirmed having been examined by doctors of the IML
in the absence of any guards. All had severe injuries, some of which had required
stitches, and large bruises (see annex). Finally, they confirmed that the one who they
believed had been the most seriously injured, had been taken to court, from which he was
said to have been directly sent to an hospital. The Special Rapporteur asked the director
to find out where this detainee was currently held. After about an hour, the director
indicated that he had been transferred to Vieira Ferreira Neto penitentiary. According to
the director, this detainee had been taken to this prison because he would otherwise have
been subjected to violence from other inmates. Because of the testimonies he received from
his co-inmates who were extremely worried about his whereabouts and well-being, the
Special Rapporteur does not think that this was a plausible explanation of his transfer to
another detention facility. In Vieira Ferreira Neto penitentiary, the Special Rapporteur
was able to interview Alexandre Madado Pascoal (see annex) who appeared to be extremely
weak and to suffer intense pain. He confirmed having been brought to this prison on that
night, around midnight. With the diligent help of the officer-in-charge of Vieira Ferreira
Neto, Alexandre Madado Pascoal was taken on a stretcher to a next-door medical unit, where
a doctor, shocked, ordered his transfer to an hospital. Informed of the situation by the
Secretary of State for Justice, the Assistant-Secretary for Human Rights and the Head of
the Security for the Penitentiary System joined the Special Rapporteur at 2:00 a.m. and
recorded the testimonies of Alexandre Madado Pascoal. They assured that he would be
properly medically treated and protected against reprisals. The Special Rapporteur was
also informed at that time that the Secretary for Justice had already decided to remove
the director of Muniz Sodré and his head of security from offices pending investigations.
The Special Rapporteur specifically asked the authorities to take the necessary measures,
including the opening of a criminal investigation into allegations of torture. This
incident is the object of direct follow-up with the Government. 3. A juvenile pre-trial detention center 62. Juvenile offenders in the state of Rio de Janeiro are held in institutions under
the jurisdiction of the Secretariat of Justice and more specifically the DEGASE. At the
invitation of the authorities, the Special Rapporteur visited on 29 August the Instituto
Padre Severino where 193 minors, aged from 14 to 18, were currently detained while the
official capacity was said to be 160. The director indicated that there were only seven
guards per shift which he pointed out made ensuring order difficult. The majority of the
minors held in this institution were said to be awaiting their trial or sentence as Padre
Severino is supposed to be a pre-trial juvenile detention center and to be used as a
pre-screening place where minors are detained up to 45 days (see below) before being
transferred to other DEGASE institutions, if need be. The director nevertheless recognized
that forty per cent of the detainees were actually serving their sentences. According to
the director, ninety per cent of the minors held at that time had access to education
while admitting that only sentenced juveniles had access to educational and recreational
activities. During his visit, the Special Rapporteur saw some youths taking lessons in
different class rooms while three were working on sewing machines in a workshop. According
to non-governmental organizations which visit juvenile detention places on a regular
basis, and as later confirmed by the minors interviewed, this was the very first time that
such classes were taking place in Padre Severino. 63. Cells are divided between two wings separated by a large courtyard in which minors
were playing at the time of the visit of the Special Rapporteur. Cells were very different
from each others. They all contained cement beds. In some cells, all beds were covered
with thin foam mattresses while in others most did not have a mattress. The director
assured the Special Rapporteur that all detainees, even the 33 who have to sleep on the
floor because of the overcrowding current situation, had a mattress at their disposal at
night. Detainees confirmed that only a small number of them did not have mattresses. A few
dirty blankets were also shown to the Special Rapporteur. Toilets and showers were
generally separated from the dormitory by a wall. All cells had recently been cleaned
(according to detainees, they were cleaned once a week), but in some, a strong smell
originating from the toilets was still present. The water system, including the flushing
of the toilets, was said to be controlled from outside the cells by guards only. Cells did
not contain any light since, as was explained by the director, bulb-plugs were used by
inmates to light cigarettes which was potentially dangerous. All cells were
well-ventilated thanks to numerous openings in the walls. Detainees complained that at
night, cells could sometimes become very cold and that it was forbidden to fill in the
openings with, for example, newspapers. One minor had allegedly been slapped on the face
and grabbed by the neck by a guard as a punishment for having tried to fill in the
openings a couple of nights before the visit of the Special Rapporteur. At the time of the
interview (29 August), marks, in particular an haematoma of the size of a hand on the left
side of his face as well as some scratches on the neck, consistent with his allegations
were still visible. 64. Minors were said to be in the yard most of the day, from 5:00 a.m. to 6:00 p.m..
Only visits from their parents were said to be allowed, on Sundays. A number of the older
youths complained about the fact that their wives and children were not allowed to visit
them. A large number of the minors complained of having been beaten and slapped on the
face by guards, allegedly because of attempted escape, fights between inmates or
non-respect of the internal disciplinary rules, in particular, the silence rule at night
which was said to include a prohibition of using the toilet. It was alleged that guards
often asked them on which parts of the body they would prefer being beaten. Some still
bore marks, mainly haematomas on the head/face, shoulders and back, and also more serious
injuries, such as open wounds, consistent with their allegations (see annex). Some were
said to have recently been threatened by some of the night-shift guards with a gun.
According to the information received, some children had spent up to two months in the
punishment cells where they were said to be locked 24 hours a day. They had to share a
mattress with one or two other detainees. MINAS GERAIS D. State of Minas Gerais 1. Police stations 65. On 3 September, the Special Rapporteur visited the police lock-up of the station in
charge of theft and robbery cases of Belo Horizonte in which 280 persons were currently
held in 21 cells. They were said to be held 24 hours a day in their cells, except once a
month when they were taken, after having been stripped naked and forced during all the way
to the yard to keep their mouths wide open, for a sunbath in the courtyard while cells
were searched and sprayed with water, rendering all personal items, in particular
blankets, soaking wet. Cells were allegedly searched on other occasions as well, up to
twice a week. The "delegado" explained to the Special Rapporteur that this was
considered to be necessary in view of the large number of attempted escapes and violent
incidents occurring in this police lock-up. Every fortnight, detainees were reported to be
allowed to receive visits for one hour. But, only their parents were said to be authorized
to visit them. No mattresses were present in the cells and detainees were thus sleeping on
the concrete bare floor with dirty blankets that, according to them, they were not
authorized to wash. At the back of each cell, a hole used both as a toilet and a shower
was separated from the main part of the cell by sheets placed by the detainees themselves
to ensure some privacy. Only cold water was said to be running from the basic tap used for
the shower. The "delegado" was the first to complain about the rather bad
conditions of detention and regretted that material and personnel resources had to be used
with respect to the lock-up rather than to criminal investigation activities, the primary
function of the civil police. 66. In one cell measuring approximately 20 square meters up to 18 persons were
detained. Most of the detainees were already sentenced. They explained to the Special
Rapporteur that in order to be transferred to a prison, where conditions of detention were
believed to be better, a certain amount of money (up to 3,000 reais) had to be paid to the
head of the police lock-up. The "delegado" indicated that the Superintendent of
the Penitentiary Organization was responsible for the transfers that are however made on
his recommendation as head of the "delegacia". Quite a number of detainees
appeared to the Special Rapporteur in need of urgent medical attention and their cases
were thus referred to the "delegado" who indicated that the necessary measures
would be immediately taken. Finally, it must be noted that most of the detainees indicated
that they had been beaten at the time of arrest and/or during interrogation (see annex). 67. On 4 September, the Special Rapporteur visited the police station in charge of car
thefts (called DETRAN). 42 detainees were currently detained in five cells. The
"delegado" recognized that the conditions in which they were detained were poor.
In particular, he indicated that they could not be let out of their cells due to the
absence of a courtyard in this police station. Up to nine persons were detained in an
approximately 12 square meters cell and were sleeping on the concrete bare floor. A hole
was used both as a shower and a toilet and was separated from the main part of the cell by
plastic sheets placed by the detainees. The "delegado" indicated that 30 percent of the persons held there had
already been sentenced. The Special Rapporteur notes that a number of detainees refused to
speak for fear of reprisals while a few made allegations of beatings during interrogation
in order to extract confessions. 68. On the same day, the Special Rapporteur visited the women's lock-up of the main
police station, the Department of Investigation, of Belo Horizonte. It is believed that
this is the only women police lock-up of the city. Eight clean cells were holding 104
women at that time. Most of them had already been sentenced and expressed the hope to be
soon transferred to a penitentiary. A few complained of torture, including sexual
violence, to which they had allegedly been subjected at the time of arrest or during
initial interrogation (see annex), and most recognized being well-treated by police
officials, including male police officers sometimes in charge of the lock-up. Most of the
complaints regarded the slow judicial process. 2. A prison 69. On 3 September, the Special Rapporteur visited Nelson Hungria Prison which appeared
to the Special Rapporteur as a relatively modern prison composed of 12 pavilions in which
prisoners were held in six square metro individual cells. Each cell contained a shower and
a toilet. Cells were clean and contained a mattress and personal items, such as
televisions and water heater. The official capacity is 721 prisoners, but only 701
prisoners were said to be currently held. All but five detainees, who were said to have
refused, were working during the day. This was the only establishment in which detainees
did not complain about the quality of the food. The officer-in-charge of the prison at
that time, i.e., the director of reeducation and re-socialization, explained to the
Special Rapporteur that an hospital wing had been built, but had never been opened for
lack of medical staff. A medical doctor and a volunteered nurse were only available to
make the initial check-up and to recommend transfer to hospitals, if need be. 70. The director of reeducation and re-socialization explained to the Special
Rapporteur that all complaints of ill-treatment from detainees are the object of an
internal inquiry assigned by the general director of Nelson Hungria to one of his
sub-directors, i.e., of reeducation and re-socialization, of security or of association
and security. He further explained that when a medical report was needed, the alleged
victim had first to be taken to a police station where a form had to be filled in before
any detainee may be taken to the Forensic Medical Institute (IML). He indicated that for
the last five years and six months, there had been 47 guards under internal
investigations. Only ten had been found guilty and dismissed by the Superintendent of the
Penitentiary Organization. No information was available regarding the opening of criminal
proceedings against these agents. 71. A thirteen pavilion was used as a Criminological Observation Center (COC), where
recent prisoners were said to be first taken for up to 30-days observation period during
which they were reported to undergo several psychological, medical and sociological
examinations. It was also explained to the Special Rapporteur that during this period the
general director of the prison meets each prisoner individually to explain the internal
disciplinary rules. Prisoners detained at that time in the COC indicated that they had not
yet been examined by anybody while some indicated having already spent more than a
fortnight in this pavilion. They were expecting to be transferred to a normal pavilion as
soon as some cells became free. Some prisoners held in the COC complained about having
been seriously beaten in the corridor of this pavilion upon first arrival at night. They
had allegedly been made to line up against the wall and were kicked and beaten on the ribs
and back with wooden sticks and hoes for some fifteen minutes. This is said to have
happened during a couple of nights. According to the information received, they were also
threatened with burial in a clandestine cemetery. Detainees believed that only one night
team of guards was responsible for such beatings. 72. At the end of the visit, the Special Rapporteur met with some prison guards. While
they recognized that not all of them were committed, they complained about the lack of
training they receive and the workload they are subjected to because of the scarcity of
personnel. Two third of the prison personnel was reported to be hired on a temporary basis
(administrative contracts) and were said not to receive any training at all. With respect
to the duty shift, they were said to be working 12 hours and resting the following 24
hours. They finally pointed out the high level of stress they were exposed to, which was
recognized to have led to a certain level of aggressiveness towards the detainees'
population and to psychological problems amongst some of the staff. RECIFE E. State of Pernambuco 1. Police stations 73. On 6 September, the Special Rapporteur visited the 16th District Police station of
Ibura (Recife) where no suspect was currently interrogated or held despite the fact that
this neighborhood was considered a high crime area. The "delegado" explained
that even on weekdays only two or three persons were taken to this police station per day.
The "delegado" was nevertheless unable to specify the average period of time a
person is held in this police station. The Special Rapporteur noted the deplorable
conditions of work of the police personnel. The roof of one of the offices was falling
apart; criminal files were piling up on tables because of the absence of any files
cabinets; the rest room for police officers was filthy and was lacking basic comfort. In
one of the office, where interrogation is supposed to take place, the Special Rapporteur
discovered a few wooden sticks as well as a "palmatória", a wooden piece
looking like a big flat spoon which was said to have been used in the past to beat slaves'
palm of the hand and sole of the foot. The "delegado" indicated that they had
not been used for a very long time. The "palmatória" and sticks were indeed
covered with dust. The lock-up was composed of two cells measuring approximately three
square meters, very dirty and smelly with, in a corner, a hole full of excrements.
According to the information later received, the "delegado" was removed from
office pending investigations regarding the "palmatória" and the lack of proper
recording. 74. The Special Rapporteur then visited the 15th District Police Station of Cavaleiro
(Recife) where no suspect was currently held. Again, the conditions of work appeared to
the Special Rapporteur to be poor. An investigator drew the attention of the Special
Rapporteur to the lack of elementary material resources, such as paper, typewriters or
filing cabinets. He further noted that despite the fact that shootings were very common in
the area under the jurisdiction of this police station, police officers had not been
provided with bullet-proof jackets. For his security, the investigator had thus decided to
buy one with his own money. He also pointed out that in a violent crime area he had had to
purchase his own weapon and indicated that there was no rule requiring him to file a
report when he discharges it. The lock-up consisted of two completely dark cells measuring
approximately two square meters with, in a corner, a hole used as a toilet, which were
located at the end of a small corridor without light. The "delegado" indicated
that nobody was held in these cells for more than three hours. In the investigators' room,
the Special Rapporteur discovered some iron bars which were said by the authorities to be
pieces of evidence. The Special Rapporteur noted that they were nevertheless not tagged
and therefore did not believe this explanation to be plausible. The Special Rapporteur
confirmed information he had got in the previous police station, i.e., that there is no
standard registry book in which all the information regarding a case is recorded, in
particular when a person is brought in and let out or transferred to another
establishment. 75. Finally, the Special Rapporteur visit the 1st District Police in charge of theft
and robbery where no suspect was currently interrogated or held. The lock-up was composed
of two pitch dark large cells. The "delegado" indicated that persons were
usually detained for a couple of hours only. Later, after the Special Rapporteur had
consulted the registry book, the "delegado" nevertheless recognized that a group
of persons had recently been held in this police station for eight days before it had been
possible to transfer them on remand to a penitentiary in another state. At the back of
this police station, there were twelve large pitch dark cells measuring approximately 15
square meters. They were said not to have been used for a very long time. Dust and
spider's webs seemed to confirm this statement. To explain the absence of any person under
police arrest, the "delegado" showed the Special Rapporteur a registry book
indicating that there were only between ten and twenty five persons arrested per month.
Since the beginning of September, only four persons had been under arrest and thus taken
to this police station. According to the "delegado", most of the persons held
there were under a judicial arrest warrant, only forty per cent were believed to be held
after having been arrested in flagrante delicto. Non-governmental organizations were
surprised that the Special Rapporteur did not see anybody under arrest or interrogation
during his visit to these three police stations which were believed to be located in high
crime neighborhoods. According to them, the fact that only a small number of persons had
been registered as being under arrest or in detention in these police stations as
indicated in the registry books shown to the Special Rapporteur could result from a lack
of proper recording of arrests and detentions. 2. A prison 76. On 7 September, the Special Rapporteur visited Anibal Bruno Praesido where 2,971
detainees were held while the official capacity of this penitentiary was said by the
authorities to be 524. The overcrowding problem was recognized to be the most difficult
problem that the institution had to face, and was accentuated by the fact that, at any
time, the director had only fifteen officers from the military police and eight prison
officers at his disposal to ensure order and security of this vast prison. Furthermore, he
pointed out that military police officers assigned to the security of penitentiaries only
receive a one-week training, in which NGOs were said to participate. The under-staffing
situation was also given as an explanation to the fact that prisoners were let out of
their cells only for a couple of hours every day. The director nevertheless informed the
Special Rapporteur that since his appointment in April 2000, there had been no rebellion.
A number of measures had been taken to diminish the tension and to maintain calm and order
amongst the detainee population, such as allowing families to spend a night with their
relatives incarcerated every fortnight. Psychologists, social workers, lawyers, doctors
and nurses were said to come on a regular basis to the prison and to undertake various
activities with the prisoners, some of whom were also working in small units which had
been set up in collaboration with the private economical sector. Nevertheless, responding
to a question of the Special Rapporteur, the director acknowledged that, for example,
during the previous week, no doctor had visited the prison. The only reason he could give
was that there was a lack of commitment from a number of professionals working with
prisoners' issues. The director finally indicated that prisoners were reported to be
divided according to the crimes they had been sentenced for. 77. The Special Rapporteur sought further information about allegations included in a
recent report from the community council after a visit made on 11 July during which two
detainees complained of having been beaten and who at that time bore marks consistent with
their allegations. With respect to complaints of ill-treatment from detainees, the
director first indicated that alleged victims are immediately referred to an Forensic
Medical Institute (IML) for a medical certificate to be established. With respect to this
particular case, the director explained that a note had been sent to the Commander of the
Battalion to which the two officers allegedly responsible belonged. Hearings were said to
have been scheduled to decide whether the "corregedor" of the Secretariat of
Justice would lead the internal investigation, as had been suggested by the director
himself. Because of the under-staffing problem, the two suspected officers were still on
duty in the very same pavilion where the two alleged victims were currently held. The
director nevertheless indicated that they were only used as auxiliary staff and did no
longer had any direct contacts with the prisoners. 78. The Special Rapporteur first visited the punishment cells. Fifteen detainees were
held in a large cell containing only a mattress and a few blankets. All, except one, had
been punished for 20 or 30 days. The Special Rapporteur noted that the punishment book
indicated only thirteen prisoners in this cell. While one had been brought a few minutes
before the Special Rapporteur's visit, another had allegedly been held in this punishment
for two days. The director explained that the decision to punish this detainee which had
been taken by the pavilion's head of the security had not yet been confirmed by himself.
Nine other prisoners were said to be held in two special isolation punishment cells, which
contained beds, mattresses, blankets and other personal items such as ventilators. They
indicated that their wives were allowed to visit them in these cells and complained about
the lack of intimacy in such occasions. They were segregated from others reportedly
because they were considered to be highly dangerous prisoners. According to the director,
any decision to punish a prisoner must be preceded by an investigation during which the
prisoner is nevertheless not given an opportunity to defend himself. For the defense,
solely the prisoner in charge of the surveillance of the pavilion is heard. Most, if not
all, detainees met by the Special Rapporteur in these three punishment cells had thus
never been interrogated and did not know at what stage was the procedure according to
which they had been punished. They did not know either for how many days they had been
punished. One was said to have spent more than three months in a punishment cell. Most of
them complained of having been beaten before being brought to the punishment cell, in
particular by officers of the military police (see annex). Some indicated that they had
signed document indicating that they had violated internal prison rules by fear of being
beaten or of being sent to the cell where members of (criminal) enemy gang were held.
Threats by guards to subject a prisoner to inmate-on-inmate violence by placing him in a
cell where are held his so-called enemies was reportedly common in this prison. It was
believed by some of the prisoners that such violence had resulted in deaths in the past.
According to the information later received by the Special Rapporteur from reliable NGOs,
some of these prisoners were subjected to reprisals, including beatings, at the time the
Special Rapporteur was visiting other pavilions of the establishment (see annex). This
incident is the object of direct follow-up with the Government. 79. The Special Rapporteur then visited the large screening cell ("triagem")
measuring approximately 35 square meters in which detainees recently transferred to the
prison are held before being divided in accordance with the crimes they have been
sentenced for and a psychological portrait. Thirty one detainees were currently held there
with no mattresses or blankets. Most of them had already spent three or four days. They
believed that they would remain in this cell until one hundred prisoners had been brought
in. The director indicated that detainees were held in this pavilion for eight days, the
time they undergo medical, psychological and other so-called technical examinations. Most,
if not all, were afraid of speaking to the Special Rapporteur because of potential
reprisals. It was alleged that, before his visit of this cell, prisoners had been
threatened by some guards not to speak to the Special Rapporteur. Some nevertheless
indicated that they had been beaten upon arrival in Anibal Bruno prison or during
technical examinations (see annex). The latter were also said to be humiliating. BELÉM F. State of Pará 1. A police station 80. On 9 September, the Special Rapporteur visited the police station of Guama (Marabá).
The delegados-in-charge draw his attention to their conditions of work. For example, they
were taking shifts of more than 14 hours on weekdays, and of 24 hours on week-ends.
Material and personnel resources were said to be scarce. In the depository room and the
toilet, as well as in the delegado's office, the Special Rapporteur discovered a number of
wooden sticks, including some billiard cues, which were said to be pieces of criminal
evidence. The Special Rapporteur nevertheless noted that they were not kept in the
relevant rooms and did not bear any tag which led him not to find this explanation
implausible. In the lock-up, three persons, Fabio Tavares da Silva, Rilton de Silva Soares
and Amadeu Almeida Pimentel were currently detained. They had allegedly been severely
beaten at the time of arrest and upon arrival at the police station and one of them was
still in his underwear while his clothes since he had been arrested at home in the middle
of the night and had not been authorized to take clothes with him (see annex). 2. Pre-trial detention facilities 81. On the same day, the Special Rapporteur visited the pre-trial detention center ("seccional
urbana") of São Braz where some 80 persons were currently held in five cells in poor
conditions. While located in a police station, the cells were said to be guarded by
officers from the penitentiary system as they were destined to hold detainees pending
trial and therefore under the jurisdiction of the State Secretariat for Justice. In each
cell measuring approximately 14 square meters 16 persons were held. Detainees were
sleeping on the concrete bare floor as no mattress and very few blankets were at their
disposal. Personal belongings brought for example by their relatives were said to be kept
by the guards. Some detainees indicated that they had had to pay guards to receive
personal items, such as toothpaste or soap brought by their families, in order to
eventually get them. 82. According to their testimonies, they were never let out of their cells, except when
they were receiving visits from their lawyer or relatives. The Special Rapporteur noted
that the skin of most detainees was indeed very pale. The officer-in-charge of the lock-up
confirmed that the infrastructure of this place did not allow direct exposure to natural
light for detainees, despite the fact that there was a small and dirty courtyard open to
the sky. The food provided once a day by the penitentiary system appeared to the Special
Rapporteur as poor and even rotten. Detainees indicated that their relatives were normally
allowed to give them food, without nevertheless being able to see them. 83. Most of the persons held in this pre-trial detention did not know at what stage the
legal proceedings against them were. Most had not seen any magistrate since their arrest.
Some had been held in this pre-trial detention place for up to 15 months. According to the
information received from detainees held in different cells, every person who is brought
to this jail is first detained in the punishment cell, called the "forte", which
is located at the entrance of the jail and which measured approximately three square
meters. When the Special Rapporteur visited the forte, he saw in a corner a hole used as a
toilet that was full of excrements. It was alleged that up to twenty persons may be
detained in this cell for up to ten days. Some were said to have been held in this
overcrowded cell for up to thirty days. It was reported that detainees were using the
water coming from the toilet as drinking water. 84. Amongst the persons interviewed by the Special Rapporteur (see annex), three
detainees indicated having been recently arrested by military police officers and beaten
with a "palmatória" in a military box. At that time, marks consistent with
their allegation, such as a rounded haematoma on the left upper leg of José Ricardo
Vianna Gomez, haematomas on Marcio Furtado Correia Paiva's left upper arm, an inflamed and
swollen scar of one to two centimeters length on his head, and marks on Valdi Aleixo
Barata´s right back, shoulder and arm were still visible. On the same day, the Special
Rapporteur found a "palmatória" with a hole in the middle in the Tierra Firma
military police box, on which was inscribed "Tiazinha, chega-te a mim"
(snuggle-up to me) and "Agora me dá medo" (now I am afraid.) consistent with
the one described by the above-mentioned persons. 85. On 10 September, the Special Rapporteur visited the pre-trial detention center
(superintendency) of Marabá located in the same building as the Police Headquarters. 74
persons were currently detained in 14 cells divided around a large courtyard opened to the
sky. Only a couple of mattresses were present in each cell, most of the detainees having
to sleep on blankets or on the concrete bare floor. Detainees complained about the quality
of the food which, as in other places visited by the Special Rapporteur, was composed of
rice and pasta and which appeared to the Special Rapporteur to be poor and often rotten.
They were reported to receive this meal once a day for lunch, and to receive coffee and
bread for breakfast and diner. 86. They were said to be taken out of their cells two hours a day. But, according to
detainees, they were only taken out of their cells every other day for two hours. A large
number of them complained about torture and other forms of ill-treatment at the time of
arrest by both military and civil police officers and during interrogation (see annex),
but all recognized that, since the appointment of the new director of this pre-trial
detention place, the situation with respect to ill-treatment had greatly improved. It was
reported that beatings by prison guards had stopped. Furthermore, the director indicated
that a person detained under his responsibility could only be taken back by a police
investigator on a judicial order. 87. The Special Rapporteur then visited the lock-up of the Police Headquarters. Four
persons were held in the courtyard, while a minor was held in each of the two cells. While
the courtyard was clean and well-ventilated, the air of the two cells was very smelly and
saturated. The two cells were pitch black and did not contain any mattress. The two minors
held there had had a fight the previous night. One had seriously injured the other by
having driven in a toothbrush in the neck and stomach of the other, who had subsequently
been medically treated. Nevertheless, its dressings were oozing and it was believed that
the pain-killers which had been given to him by the medical doctor had been kept by the
civil police officer who had accompanied him. The two minors had spent more than three
months in these dark cells where, because of sanitation problems, they had to relieve
themselves in plastic bottles or bags for the last 15 days before the visit of the Special
Rapporteur. 88. According to NGOs and some public prosecutors met by the Special Rapporteur in the
Marabá, police violence is a major problem in the region as in other remote countryside
regions of the country. Geographically distanced from the judiciary system, the civil
police was said to assume both police and judicial functions at the same time, public
prosecutors and judges relying entirely on the police inquiries without questioning the
ways they have been conducted. With respect to the land movement, the conflict between
landowners, who are reported to often be public security or judicial officials, and
workers has allegedly been very violent, including a large number of cases of extra-legal
executions and torture. It was alleged that the civil and military police forces were
acting as private militias of landowners. The response from the capital was said to have
been inadequate and the judicial authorities are believed not to have assumed their normal
responsibilities. Annex Individual cases State of Alagoas 1. Anderson dos Santos, a student, was allegedly beaten with a 12-caliber rifle by a
military police officer in Maceió on 26 August 1999 because his dog had apparently
entered in this officer's house. He allegedly had bruises on his body and underwent an
official medical examination. The Military Police General Commandant in Alagoas has
reportedly been informed about the incident. 2. Cícero Queiroz Barbosa was allegedly arrested in his nephew's apartment by seven
civil police officers and a police chief on 14 July 1999 in Maceió. It is believed that
he was kept in a little truck where he was reportedly beaten with a towel, a piece of
plastic, a rubber stick, a knife and ropes. 3. Ronaldo Guedes da Silva, aged 22, was allegedly arrested on 5 August 1999 in Maceió
and taken by police officers to a bar where he had a 16 reais debt. According to the
information received, he was beaten by the police officers. 4. José Alfredo da Silva and Cícero José da Silva were allegedly arrested on 21
January 2000 and taken to the Novo Lino Police Station in Alagoas where they were
reportedly beaten by police officers. The Military Police General Commandant in Alagoas
and the Public Security Secretariat have apparently been informed about the incident. 5. Hélio Pereira da Silva Júnior was allegedly arrested on 8 April 1999 in Maceió
and taken to the 5th police station under the accusation of having stolen a coke. He was
reportedly kicked, electro-shocked and washed with cold water by nine civil police
officers. According to the information received, he died as a result of the beatings. An
autopsy was reportedly carried out later. It is believed that there are several witnesses
to the case. The Office of the Public Prosecutor has allegedly been informed about the
incident. 6. Cícero Rosendo da Silva, a street vendor, was allegedly arrested by civil police
officers in Maceió on 15 May 1998 under the accusation of theft. According to the
information received, he was beaten, subjected to the technique known as the parrot's
perch, drawn and threatened to death with a Russian roller. A judicial inquiry has
reportedly been opened. The Special Rapporteur would be grateful to receive information on
the outcome of the inquiry. State of Amazonas 7. Pedro Alves França was allegedly arrested in Manaus on 9 June 1996 under suspicion
of armed robbery. Police officers allegedly placed a plastic bag around his head, tried to
suffocate him, kicked him and punched him on several occasions. It is reported that the
Institute Medico-Legal registered lesions consistent with his allegations. The office of
the "corregedor" reportedly opened an inquiry in 1998. The Special Rapporteur
would be grateful to receive information on the outcome of the inquiry. State of Bahia 8. Mônica Ferreira da Silva was allegedly beaten by the "delegado" and his
son in front of the police station of Ibicuí on 31 January 1999. She was reportedly
punched, kicked and slapped on her head and ears because she had allegedly verbally
offended the wife of the police chief. According to the information received, the beatings
produced lesions in her cervical column and she could not move her right arm. The police
chief reportedly nicknamed her "little neck" and he is reported to publicly
refer to her in this manner. She was reported to have been taken to the Ibicuí Hospital
where she underwent an official medical examination on 12 February 1999. The incident was
allegedly reported to the Secretariat for Public Security on 19 March 1999. According to
the information received, the official medical examination report has then disappeared
from the regional police station of Itapetinga. 9. M.S., aged 17, and Israel da Silva Quirino were allegedly arrested by military
police officers from the 6th Battalion on 9 June 1999 in Salvador, on suspicion of using
drugs. They were slapped in the face several times. The minor is reported to have admitted
under pressure the use of drugs. It is said that he was taken to the 7th police station
where he was detained. He was allegedly released a few days later. 10. José Carlos Machado, Carlos Alberto Araújo, Roberto Cruz Santos, Marcos Martins,
Antônio Carlos Cafezeiro, Marcos Davi da Silva Dantas, Adevaldo Miranda de Souza, Ronaldo
da Silva Santana, Reginaldo Ferreira dos Santos, Ademar Jesus dos Santos, Wilian Nunes dos
Santos, Luiz Carlos Azevedo dos Santos, Nivaldo Silva de Jesus Filho, Givânio Vieira da
Silva, Idalício Pereira da Paixão, Giovani dos Santos Senna, Luzimar Silvestre Alves,
Josué de Araújo, Vanderval Lima Viana, Aloísio Pereira de Brito, Valdício dos Santos
and Fernando Rosendo da Silva, all detainees at the Lemos Britos Prison in Salvador, were
reportedly beaten by military police officers on 19 January 2000 allegedly with the
approval of the prison's board of directors. It is reported that members of the catholic
church visited the jail and observed marks and lesions on the prisoners' bodies. Some of
them are said to have undergone an official medical examination which allegedly registered
lesions consistent with their allegations 11. Walter de Jesus, Carpegiane de Oliveira and Delson Julio de Aragão Filho were
reportedly arrested by six military police officers on 29 September 1997 in Itamaraju. The
police officers allegedly took them to an isolated area close to a river and tried to drew
them several times in order to make them confess the shooting of a police officer that had
occurred nearby. They were then reportedly beaten by the police officers. A judicial
inquiry is said to have been opened. The Special Rapporteur would be grateful to receive
information on the outcome of the inquiry. 12. José Carlos Vieira da Silva, José Roberto Vieira da Silva and U. S. N., a minor,
were reportedly taken to a police unit in Salvador on 22 March 1997 under the accusation
of having stolen a television set from a police officer. They were allegedly punched,
kicked, beaten with an iron chain and a "palmatória" and hit with a gun butt by
four military police officers and one civil police officer. They reportedly had their arms
broken, their heads severely injured and large wounds on various other parts of their
bodies. According to the information received, they were later transferred to a police
station, but due to their physical state they were not accepted and were taken to a
hospital. It is reported that they underwent an official medical examination. Nobody has
reportedly been punished or received any reprimand and the police officers allegedly
involved in the incident are said to be still working in the same police station. 13. W.M.S., aged 17, and M.S., aged 14, were allegedly arrested on a restaurant in
Alagoinhas on 2 May 1999 under the suspicion of drug use. According to the information
received, the police officers took 7,000 reais from them declaring that the money was
allegedly a "product of narcotics trafficking". They were reportedly beaten by
the police officers, especially on their genitals. The minors were allegedly taken to a
local police station and were reportedly not allowed to contact a lawyer. It is reported
that they were released on the following day. 14. Jaime Antonio dos Santos Souza, a mentally disabled person, was allegedly beaten on
his hands with a "palmatória" and with a broomstick by a military police
officer in a police unit in Salvador on 16 May 2000. It is said that he was playing near
the police unit and that this bothered police officers. According to the information
received, as result of the incident he had bruises on his body and his hands were swollen
for ten days. It is reported that he was taken to the Roberto Santos Hospital. The
incident was allegedly reported to the Public Prosecutor Service on 17 May and he is
believed to have undergone an official medical examination on the same day. 15. Márcio Remígio Gomes, a public employee, and Edvaldo Costa Miranda, a locksmith,
were allegedly arrested on 23 September 1999 in Euclides da Cunha under suspicion of
receiving stolen goods. They are believed to have been beaten by the police chief during
their transfer to a police station in Salvador. According to the information received, the
police chief took them to the building where is located the Secretariat for Public
Security where he presented them to the media. They were later reportedly taken to the
São Caetano police station where it is believed that they were beaten again. On 28
September they were allegedly put on the chief police's vehicle baggage compartment in
order to hide them from their relatives and lawyers. They were allegedly transferred to
Juazeiro where, according to the information received, they were beaten, electro-shocked
on their testicles and tongues and suffocated with plastic bags placed around their heads.
A judicial inquiry has reportedly been opened. They allegedly underwent an official
medical examination which is said to have registered lesions consistent with their
allegations. Some material allegedly used in the beatings was reportedly apprehended by
the public prosecutors. 16. Roberto França, aged 23, was allegedly detained at the 23rd Police Station in
Salvador on 9 April 1999. He was reportedly taken to the Menandro de Farias Hospital where
he allegedly died. An autopsy is said to have been carried out and to have revealed that
he had been subjected to torture. 17. Arlindo Antonio Barros, a detainee at the Lemos Brito prison in Salvador,
reportedly suffered from a hernia in his genital area. According to the information
received, he was submitted to three medical examinations which concluded that he needed a
surgery. It was reported that he had his operation scheduled for 16 November 1997 at the
Manoel Vitorino Hospital. According to the information received, the police officers in
charge of transporting him to the hospital did not want to wait ten minutes for the
doctor's arrival and took him back to the prison. He is said to be still suffering from
the same problem. 18. José Carlos de Oliveira, a 18-year-old land worker, was allegedly arrested on
February 1999 in Irecê under the accusation of having stolen a motorcycle. According to
the information received, we was taken to the local police station where he was reportedly
subjected to the technique referred to as the parrot's perch and had his finger nails
taken out. He reportedly had a handle's broom introduced in his anus and his buttocks
burned with a melted plastic bag. He allegedly had his ribs and clavicle broken and
bruises all over his body due to the beatings. Three days after his arrest he was
reportedly taken to the Irecê Regional Hospital and later transferred to Roberto Santos
Hospital in Salvador, where it is believed he remained for one week. State of Ceará 19. Francisco Assis de Sousa Campos, aged 18, and his father, José Haroldo Fernandes
Campos, were reportedly approached by some police officers on 9 December 1999 inside a bus
between Natal and Fortaleza. Francisco Assis de Sousa Campos is reported to have been
considered suspicious because he was sleeping with his right arm connected to an
intravenous serum tubing to treat his chronic kidney disease. He was reportedly slapped in
the face and beaten by a police officer for twenty minutes. He is said to have been taken
to the back of the bus where a police officer searched him. José Heraldo Fernandes Campos
is reported to have been beaten by another police officer, who reportedly punched him in
his testicles. Both of them were allegedly forced to get out of the bus. Francisco Assis
de Sousa Campos had reportedly already a wound in his left leg which broke open because of
the beatings. It is believed they both have been threatened by the policemen with a
shotgun aimed at José Haroldo Fernandes Campos. It is reported that a few days later they
filled in a complaint with a Public Prosecutor and identified photos of one of the police
officers. On 17 December 1999 both men reportedly underwent an official medical
examination. 20. Alexander Costa e Silva, a trader, was reportedly beaten to death by policemen on
duty at the local prison of Aracati on 27 January 2000. According to the information
received, a medical report carried out just before his death confirmed the torture
allegations. 21. Marcos Studart and Valdir Gomes Soares, a photographer and a driver for the
newspaper O Povo respectively, were reportedly attacked and beaten up by the mayor of
Hidrolândia and two of his employees on 22 February 2000 when they allegedly visited the
municipality in order to investigate accusations of corruption. They are said to have had
cuts, scratches and bruises all over their bodies and to have been sent back for medical
care. According to the information received, the case was made public in the media and
referred to the State General Attorney. 22. Francisco Antônio Moraes do Nascimento, a shoe shiner, was reportedly beaten up,
kicked and whipped by a military policeman in front of the local police station in the
Polo de Lazer in Barra do Ceará on 1 January 2000. It is believed that he was beaten
because he did not have the documents for his professional activities with him. An
investigation is said to have been opened. The Special Rapporteur would be grateful to
receive information on the outcome of the investigation. 23. José Iran Alencar was reportedly beaten up by policemen at the public prison of
Potengi on 11 October 1999. He is said to have had wounds on the chest and on his head and
to have undergone examinations at the Institute Medico-Legal. The case has reportedly been
reported to the authorities. Federal District of Brasilia 24. Juarez Fernando Leite and João Wellington Brandão were allegedly arrested on 23
September 1996 in the Tocantins state and taken to a police station in Brasilia where they
were allegedly beaten. According to the information received, they underwent an official
medical examination on the same day and lesions consistent with their allegations were
allegedly registered. They were allegedly taken back to the police station where,
according to the information received, they were allegedly beaten by police officers. It
is said they underwent a new official medical examination on 25 September 1996. The
medical report allegedly registered electric shocks marks. A judicial inquiry was
reportedly opened. The policemen were believed to have been discharged because it was
impossible to know if the lesions had been committed in the Tocantins state or in Brasilia
federal district. 25. Frederico Breda Leite, a detainee at the 14th Police Station in Brasilia, was
allegedly beaten by two civil police officers on 29 November 1998. According to the
information received, the police officers punched him, kicked him and subjected him to
electric shocks in order to make him sign a vehicle theft confession. A judicial inquiry
has reportedly been opened but it is thought that it has not been concluded. Public
Prosecutors are said to have lodged an official complaint against the policemen involved
in the incident. State of Goiás 26. Ascendino Caixeta da Silva was allegedly arrested in December 1999 under suspicion
of robbery and taken to the Valparaíso police station in Goiás where, according to the
information received, he was beaten by police officers. He is said to have been later
transferred to the Luziânia police station where he was reportedly beaten again. It is
believed that witnesses who have visited him have seen lesions consistent with his
allegations. He reportedly testified about the incident but his testimony disappeared from
the administrative process that had been opened. It is believed that the accusation has
been filed by the police "corregedor". 27. Jose Roberto Leite da Silva was reportedly arrested by police officers in civilian
clothes, but heavily armed, in Pendegal on 24 August 1999. It is believed that he had
witnessed some shootings on the street. He was allegedly kicked in the stomach and
threatened to be killed. A 9-year-old boy who witnessed the incident is said to have been
arrested at the same time. The boy's head was covered with a bag and both were taken to an
unknown location. It is believed that they were taken to the military police headquarters,
where it is reported that Jose Roberto Leite da Silva was tortured to death. He was
reported to have been taken to an open air space and given electric shocks. Wires were
said to have been applied to his handcuffs. It is believed that he died the following
morning. The boy was eventually released the same morning. The father of the victim tried
to report the incident for two months, but it is reported that police departments refused
to register his statement. The boy is said to have recognized some of the officers
allegedly responsible of the death of Jose Robert Leite da Costa. The body of the latter
was found on 26 August in Lusiana (200 km. from Pendegal) and was buried as an indigent.
He was later exhumed. An autopsy revealed three bullet shots in the face, as well as 30
injuries on the body, which confirmed that he had been tortured. His genitals were
reportedly cut off. According to the information received, on 9 September 1999, the Human
Rights Commission of the Chamber of Deputies recorded the statement of the boy and
forwarded the file to the public prosecutor's office. The Governor is reported to have
promised that the perpetrators would be brought to justice and that compensation will be
paid to the father's victim. Nine police officers, including the officer commanding the
company, are said to be awaiting trial on charges of murder, torture, abuse of authority
and misuse of police equipment. The father of the victim and the young boy are reported to
have received death threats. The Special Rapporteur would be grateful to receive
information on the outcome of those trials and on the measures taken to protect the
witnesses, in particular the young boy who was believed to be in an orphanage under the
protection of the State of Goiás. 28. Sandro Pereira, from Padefe (Minas Gerais) was reportedly arrested by civil police
officers at his father's house in Lago Azul on 24 May 1999. At 4 am, some persons, later
known to be police officers, reportedly knocked on his door and called out his wife's
name. When he opened the door, he was allegedly thrown on the ground and severely kicked
him. No arrest warrant was reportedly presented to him. He was reportedly taken in a
police car to the 6th precinct police district of Paranoá, in the Federal District of
Brasilia. Sandro Pereira asked what the arrest was about, but was said not to have been
given any reason. In the police station, he was allegedly placed in a cell. Two or three
hours later, he was reportedly taken into a little room, where he was tied up and
handcuffed. The officer allegedly beat him, in particular on his ears ("telephone
torture"). At 5.30 p.m., he was brought back to the same room where there was said to
have been a wet mattress on the ground. He was reportedly forced to kneel on the mattress
and was beaten again on his face and ears. The officers allegedly took off his handcuffs
and forced him to take off his clothes. They then reportedly took two big bandages and
tied up his face down to his neck and bound his feet together. Then, they are said to have
hung him upside down over a bucket full of water. Then, five police officers reportedly
questioned him about a person he did not know. On several occasions, the rope was loosened
and his head hung in the water. When he overturned the bucket, a police officer reportedly
said that they had more water. When Sandro Pereira stated that he did not know what the
police wanted to know, the police allegedly started beating him on the back with a wooden
stick. One police officer reportedly called him "Tia Zinha" and put him down on
the wet mattress, placed implements on his thighs and covered his mouth. He was then
allegedly given electric shocks and started shaking and bleeding from the mouth. The
police officers reportedly increased the electric shocks and stated that since he was
"big and strong", he "could take a lot". They threw water on his face.
As a result of the bandages which were covering his nose and mouth, he could not breathe.
In the early evening, he was taken back to the cell. The following day, between 5 and 6
p.m., which is believed to be the end of a shift, he was reportedly taken back to the same
room and subjected to "telephone torture" for some thirty minutes. He was
reportedly forced to sit on a chair and four police officers were standing behind him,
questioning and beating him. He is believed to have started to bleed from one ear. One of
the police officers is said to have stepped on his chest, whilst the others were
reportedly kicking and slapping him. The "delegada" is said to have ordered her
colleagues to keep beating him until he spoke. Sandro Pereira is reported to have managed
to give a note to another detainee leaving the police station in order to inform his
family of his detention. On the following morning, his family accompanied by a lawyer is
said to have arrived at the police station while he was in the process of being
transferred to the police station in Paranoá. He was reportedly permitted to speak to his
family on condition that he did not mention the torture he had been subjected to, in which
case he would be killed. He was reportedly given a long sleeved shirt and trousers and
some cotton was put in the ear which was bleeding. He was reportedly told to say that he
had water in his ear. According to the information received, three police officers were
present in the room when he met with his family. His request to speak to them alone, was
reportedly turned down. He then met his lawyer in the presence of a police officer. After
the departure of his family, he was reportedly taken to a police car in which he was
allegedly beaten and asked "where the others lived". He was then reportedly
driven to a dirty road and at some point asked to get out of the car and start running,
still handcuffed, because of a supposed flat tire. Thinking that he would be executed if
he was doing so, he refused and told them that they would have to shoot him in the police
car. He was then driven back to Paraná police station, where he was reportedly beaten
again. Relatives of another detainee reportedly saw him lying on the floor in the room. He
was then allegedly locked into an individual cell for the next eight days. He was
allegedly threatened with death. As a result of the torture, he was said to be suffering
from an ear infection and puss was said to be discharged from his ear. The police officers
are then believed to have realized that his ear was infected and he was taken to
Sobradinho Hospital where he was treated by an ear and nose specialist, who stated that he
had no more eardrums. He was reportedly examined in the presence of four police officers
who are said to have responded to the questions of the medical doctor. One of the police
officers reportedly stated that Sandro Pereira had water in his ear, however the latter
indicated with his hands that "telephone torture" had occurred. The doctor
reported refused to hand over the medical certificate to the police and to have kept it.
The medical report is said to confirm his allegations. Around 5.30 p.m., he was reportedly
taken back to the same room in the police station and beaten again. He was then taken back
to the individual cell where he tried to hang himself with his shirt. He was reportedly
taken out of the cell by a police officer who tried to prevent him from committing
suicide. He was taken to another cell where other detainees were held. The following day,
he is said to have been allowed to see his family, but in the presence of a police
officer. He was again reportedly instructed not to talk about the treatment he had been
subjected to. At one moment, when the police officer was called out of the room, Sandro
Pereira reportedly managed to show his family his wounds and told them about the electric
shocks. He is said to have told them to go to court to have the court find out what was
happening to him. According to the information received, he was seen by a prosecutor and
then transferred to the 2nd District police station, commonly known as Pisa Norte. He was
allegedly stripped naked and told how he should explain the marks on his body to the
forensic doctor he was going to see the following day. He is believed to have shown all
the marks to the forensic doctor at the IML and to have told him about the torture he had
allegedly been subjected to. The medical certificate issued at that time is reported to
have mentioned "no observation of injuries". He was then allegedly threatened to
be sent to the "worst police station in Brasilia", the 2nd district police
station and the "delegado" is said to have ordered him to be held incommunicado
for the following 30 days, i.e., until his injuries had disappeared. After several
requests, and after suffering from a convulsion, he was reportedly taken to a public
hospital, where he requested an x-ray of his whole body. A blood clot was reportedly
discovered in his stomach. He requested the doctor to note down all the injuries he had
suffered. One day later, he was taken back to the IML where two doctors examined him. This
time, they reportedly had to describe all the injuries in detail and a medical report was
issued. He was subsequently returned to the 2nd district police station. A couple of days
later, he was reportedly heard by a judge and was asked to identify the responsible police
officers, which he is said to have done. The police had allegedly threatened him with his
death or that of one of his family members, if he were to identify the officers
responsible. According to the information received, he had been arrested on the basis of a
witness' testimony on charges of participating in a gang robbery. The judge had reportedly
issued a warrant for five days' arrest, prolonged by another five days (temporary
detention) but he had allegedly been held in a police station for 76 days before seeing a
judge for the first time. After the first ten days, the judge is reported to have issued
his preventive detention. Until that point, no hard evidence about his involvement in a
gang or a robbery is said to have been found and no inquiry is said to have been carried
out. A later inquiry is said to have come up with evidence on the existence of a gang, not
however of a specific robbery. The charge was reportedly hence reduced to membership in a
gang, the penalty for which in case of guilt, is said not to be a prison term. After five
months, he was allegedly found innocent. During the trial proceedings, it was reportedly
proved that the witness statement implicating Sandro Pereira had been extracted under
torture. His medical records were reportedly shown to the judge responsible for his trial
and the prosecuting attorney in order to have proceedings opened regarding the torture
allegation. The prosecuting attorney is said not to have wanted to take up the case. It is
not known whether any action has been taken with respect to his torture complaint. At the
time of the interview, in 21 August 2000, marks consistent with his allegation, such as a
scar to his ankles, were still visible. CASES 2 State of Mato Grosso 29. Aristeu da Silva, a detainee at the Pascoal Ramos Prison in Cuiabá, was allegedly
killed on 1 February 2000. According to the information received, he was imprisoned in
Pavilion B and was murdered as a result of a fight with a rival faction located in
Pavilion A. Nelson Rodrigues de Sá was allegedly beaten on the same day by the other
faction as well. The "delegado" and other police officers were reportedly
informed that some fire weapons were possessed by some detainees inside the jail. It is
said that on the same day they performed an search in the prison and found no weapons. The
detainees reportedly handed in a list to the board of directors indicating the prisoners
who were threatened with death by other enemy factions. On 2 February 2000 the public
prosecutor allegedly received a letter with 17 names of detainees who were believed to
risk their life because of the fights between the different factions. On 3 February 2000
the event later known as the "Pascoal Ramos slaughtering" took place in the
jail. According to the information received, the penitentiary agents noticed that
something different was about to happen and left the pavilions. Prisoners from pavilions B
and C reportedly attacked prisoners from Pavilion A. The following detainees reported died
as a result of the fight: Laudomiro César de Oliveira, Joselino Costa Marques, Adailton
Bondespacho de Arruda, Ademilson Costa Alves, Benedito Sales de Souza Filho, Marenildo
Leandro Curvo, Antonio Iran de Lima, Ivan Aparecido Gomes Rodrigues, Robleik César Soares
de Paulo, José Pereira dos Reis, Maurelino Márcio Rondon, Edvaldo de Jesus and Rober
Montes Magalhães. The following detainees were allegedly seriously injured: Sérgio
Domingos Dias, Márcio Márcio de Souza, Arlindo Martins da Silva, Domingos Passos Primo,
Antonio de Oliveira Filho, Ariovaldo Mattes de Menezes, Fábio Gonçalves Barros,
Wabderson dos Santos, Joldimar Ferraz Garcia, Francisco Vicente de Brito, Paulo César
Mota, Sebastião Marques Sampaio and Jair da Silva. The director of the prison is believed
to have had forbidden military police officers to intervene. This incident is said to have
lasted from 9:40 a.m. to 15:00 p.m.. The official version is reported to be that the
prisoners were "settling accounts with each other". The military police and the
Independent Command Special Operation Group reportedly surrounded the prison during the
fight. It is believed that their only function was to apprehend potential runaways.
According to the information received, the officers shot into the air to threaten those
who came near to the prison's fence and Genildo Cosme Tibúrcio Leite and Miguel Cabrera
Toledo where allegedly shot by police officers. Penitentiary agents reportedly later
claimed that they had tried to escape. Prisoners apparently had fire weapons, handmade
knifes and lances. A judicial inquiry has reportedly been opened. It is alleged that the
public prosecutor's report published on 23 February 2000 concluded that the state should
be charged as responsible for the detainee's deaths due to omission in preventing the
incident. The Special Rapporteur would be grateful to receive information on the outcome
of the inquiry. State of Mato Grosso do Sul 30. Gilberto Cardoso, João Felipe de Almeida, Nilton Gonzaga de Araújo, Denilson
Rodrigues da Costa and Pedro Wilson do Nascimento, truck drivers, were allegedly arrested
by civil and highway police officers at Bataguassu in 1999 under the suspicion of having
stolen fuel. They were reportedly taken to a Police Station. Pedro Wilson do Nascimento
was reportedly taken to a separate room where he is said to have been beaten and
threatened with death with a knife by a highway officer. He was allegedly hung in a water
tank where he reportedly remained for hours. According to the information received, he was
taken to the same room the next morning and threatened in order to sign a confession. It
is said that the other truck drivers were scared and signed a confession. The incident was
reportedly registered at the Dracena Police Station. An official medical examination was
reportedly performed and confirmed the allegations. The lawyers who followed the case are
said to have been threatened with death. The allegedly involved police officers were
reportedly not removed nor received any reprimand. State of Minas Gerais 31. Luciene Frinhani dos Santos was reportedly arrested on 6 April 2000 and was
seriously beaten at the time of arrest. She was reported to have been taken by two civil
police officers to the 2nd district police station of Belo Horizonte where she is believed
to have signed a confession under threats of further beatings. At this police station, she
was reportedly stripped naked. She was then reported to have been transferred to the
women's lock-up of the Department of Investigation on the third day. The following day,
she is said to have been taken to the theft and robbery police station where she was
beaten on the head and subjected to electro-shocks. He head is reported to have been put
in a bucket full of water. According to the information received, upon request from the
"delegado", she was later taken to the Forensic Medical Institute (IML) by the
officers who had beaten her at the 2nd district police station. They are believed to have
threatened her during the transportation to the IML. She did not complain about the
ill-treatment. It is reported that upon decision from the IML doctor, she stayed two days
in an emergency room, still under the surveillance of the police officers from the 2nd
district police station. She allegedly complained to the judge about the ill-treatment she
is said to have been subjected to. 32. Solange da Cruz was reportedly arrested on suspicion of extortion with no
arrest warrant on 25 July 1999 at home by civil police officers who are said to have taken
her directly to the women's lock-up of the Department of Investigation of Belo Horizonte.
It is believed that she was interrogated by the "delegado" in the presence of
her lawyer. After a month of detention, she is said to have been authorized to work
outside. According to the information received, she was paying 50 Reais each time she
wanted to see her husband who was held in the same police station. The fourth time, she is
believed to have been taken at 1.00 a.m. by one police officer with a gun to a different
room where she was allegedly raped. One week later, she complained to head of the
Department of Investigation who is said to have ordered an IML examination. It is believed
that the IML could not prove the rape. An internal inquiry was said to have been opened
against the alleged perpetrator who was temporarily dismissed pending investigation. In
October 1999, she is reported to have been asked by the "corregedor" to testify.
According to the information received, she was threatened by the officer who allegedly
raped her and his colleagues. The results of the internal inquiry were not known at the
time of the visit of the Special Rapporteur (4 September). 33. Paulo Eustáquio Holanda Martins was reportedly arrested on 3 June 2000 on
suspicion of armed robbery and taken to the Department of Investigation of Belo Horizonte
before being taken on 16 June to the theft and robbery police station where he was
allegedly beaten with rubber truncheons on the sole of the feet and the palm of the hands
in order to make him sign a confession of murder. He is believed to have fainted three
times. He was asked to pay money to be able not to sign the confession he was presented
with. 34. Vitoriano Valdivino Dias was reportedly arrested on 12 August 2000 by three
military police officers on suspicion of theft. He was reportedly handcuffed before being
punched on the face and severely beaten and kicked, in particular on the ribs. This is
believed to have happened on the street and then in a military police vehicle in which he
was allegedly beaten with wooden sticks. As a result, he is said to have lost most of his
teeth. At the time of the interview (3 September), most of his teeth were indeed missing.
He is reported to have threatened the police officers to complain to human rights
organization about the treatment they were subjecting him to. The police officers are then
said to have threatened to kill him. He was reportedly taken to the Department of
Investigation of Belo Horizonte where he was kept for 24 hours where he signed a
confession under threats of further beatings. On 14 August, he was reportedly taken to the
theft and robbery police station where he was allegedly threatened with further beatings
when he asked for medical treatment. 35. Wellinton Marcolino was reportedly taken to Nelson Hungria Prison in the first
trimester of 1998. Upon arrival, it is alleged that he was beaten with sticks, in
particular on the legs, by masked prison guards. At the time of the interview (3
September), he was still having mark like a bulb on the right foot consistent with his
allegations. It is reported that a doctor asked him to have x-rays of his leg but was
never taken to a specific hospital. It is believed that he was asked by a major to
denounce the guards, but that he could not identify any of them as they were wearing
masks. 36. Rogerio Correia da Silva, a detainee at Nelson Hungria Prison, was reportedly
denied prison progression because of having complained during a Jubilee Mass held by the
Prison Ministry on 2 July 2000 in the prison about the ill-treatment of another detainees
he had witnessed on 26 April 2000. According to the information received, on that day, he
had seen an inmate being taken handcuffed out of his cell and severely beaten. He is then
said to have threatened the guards to denounce them to the Prison Ministry which is
believed to have made them stop the beatings. Since then, it is reported that he was
denied prison progression that he is entitle to as he has already served more than two
third of his sentence. A fortnight after his denunciation during the mass, he was
allegedly beaten by a guard in Pavilion Four where he had been transferred as a
punishment. He was then taken to Pavilion Three where he was allegedly punched on the back
of the neck. It is reported that he spent fifteen days in this pavilion before being taken
back to Pavilion Four. He is said to have been taken to a Forensic Medical Institute where
he was not examined by a doctor. He complained about headaches but allegedly did not
receive any medication. 37. Wagner Barbosa Lima was reportedly arrested on 23 December 1999 and punched by
three military police officers for thirty minutes. He was then taken to the DETRAN of Belo
Horizonte where, according to the information received, he signed a confession under the
pressure from the military police officers who were present in the room. As he did not
bear any mark, he did not complain to the judge when he appeared in court because he
believed that he would not believe him. 38. Francisco Floriano do Paulo was reportedly arrested mid-July 2000 after having
escaped from a police. He was said to have been taken to the DETRAN of Belo Horizonte
where on the third of his detention, he was allegedly beaten with wooden sticks in the
corridor leading to the cells and in an investigative room by four police officers.
According to the information received, he was then punched on the head and was threatened
with being beaten every day during one week if he did not sign a confession. He eventually
signed some papers. It is believed that he was asked money in order to stop the beatings. 39. Leandro Correia Leal was reportedly arrested in November 1999 on suspicion of drug
trafficking. At the theft and robbery police station of Belo Horizonte, he was allegedly
stripped naked and beaten. According to the information received, a hose was placed in his
mouth and some hot water was poured in his mouth. This is believed to have lasted for
twenty minutes during which he was vomiting before he eventually fainted. Some needles are
said to have been inserted under his fingernails. He nevertheless reportedly refused to
sign a confession. 40. Eduardo Silva Gomes was reportedly arrested on 4 November 1998 and sentenced on 23
May 1999 for homicide to 12 years' imprisonment. On 23 April 1999, he was transferred to
Nelson Hungria prison. On 23 April 2000, while he was working as a cleaner in Pavilion
Ten, he reportedly a guard asking some bribe to a detainee in order to allow his wife to
enter his cell. The detainee is said to have refused to pay the bribe and to have put his
mattress on fire. As Eduardo Silva Gomes is said to have reported the incident of the
bribe, he was reportedly taken to the Criminological Observation Center (COC) Pavilion
where he was allegedly severely beaten and kicked with rubber truncheons and wooden sticks
by guards in particular on the head, the genitals and the back. Water was then reported to
have been poured on him before he was left naked in a cell. On every duty shift, he is
alleged to have been beaten during the five following days. On 28 April, the Prison
Ministry and some public prosecutors are said to have visited him and to have seen marks
on his body consistent with his allegations. Some pictures are believed to have been
taken. Thirty days later, it is reported that the "delegado" of the 50th
district police station came to record his statement upon the request of the State
Secretary for Justice. He was then transferred to Pavilion Six where he stayed for 30 days
in a cell without mattress or blanket. According to the information received, he was then
transferred to Pavilion Four where he is staying in his cell 24 hours a day. It is
believed that he is denied visit or correspondence. 41. Availton Dias Ferreira reportedly attempted to escape from Pavilion Eleven of
Nelson Hungria prison on 8 March 2000. On the same day, he was transferred to the COC
Pavilion were he was allegedly beaten with wooden sticks and was kicked on various parts
of the body for more than thirty minutes. Then, he was reportedly left naked in a cell of
the COC Pavilion without mattress or blanket for five days. His family is believed to have
complained to human rights organizations. He was then said to have been punished in
Pavilion Six. 42. George Francisco de Assis was reportedly arrested by civil police officers in June
1998 and taken to the Theft and Robbery Police Station in Belo Horizonte where he was
allegedly beaten by police officers. A while later he reportedly tried to prevent a police
officer from beating an underage boy, Guilherme Henrique da Silva, who had also been
arrested. According to the information received, the police officer did not like this and
threatened him with death several times. It is believed George Francisco de Assis was
subsequently transferred to the Prison in Ribeirão das Neves. His mother was allegedly
threatened by a civil police officer with her son's death. According to the information
received, he was released on 7 October 1998. Guilherme Henrique da Silva was allegedly
released and is said to have disappeared in mid-June 1998. 43. Wilson Pereira da Silva was reportedly detained at the theft and robbery police
station in Belo Horizonte and allegedly beaten by one penitentiary agent and police
officers in September 1996. According to the information received, one week after his
arrest, he was taken to the police station in charge of vehicle theft and robbery where he
was allegedly hung on a parrot's perch with the help of the "delegado" and
beaten. He was then allegedly taken back to the theft and robbery police station where he
reportedly continued to suffer mistreatments and to be death threatened. He allegedly
underwent an official medical examination, which registered lesions consistent with his
allegations. A judicial inquired was allegedly opened and public prosecutors reportedly
visited the police station on 6 May 1997. According to the information received, the
following detainees have been subjected to reprisals for having testified in the case of
Wilson Pereira da Silva. Wagner Rodrigues da Rocha had reportedly his right arm burned
with a lighter and was obliged to eat newspapers that had published articles about the
latter's accusations. He allegedly underwent an official medical examination which
registered lesions consistent with his allegations. Adilson Rodrigues was allegedly beaten
after the public prosecutor's visit to the police station. He was reportedly handcuffed to
the cell's bars for two hours. Janderson Sérgio Andrade was reportedly told by police
officers to have started an outbreak attempt during the public prosecutor's visit to the
police station. It was reported that he had been beaten on 11 and 12 May 1997 by police
officers. He was allegedly threatened with death not to talk about the incident and
reportedly killed on 1 January 1999. Wilson Bispo dos Santos was allegedly hidden by
police officers during the public prosecutors' visit to the police station because he had
marks and lesions all over his body. He had reportedly been previously kicked, punched,
hit with a wooden stick and subjected to electric shocks in order to sign a confession. He
allegedly underwent an official medical examination, which registered lesions consistent
with his allegations. 44. Herbert Almeida Carneiro was reportedly detained at the police station in charge of
vehicle theft and robbery in Belo Horizonte. According to the information received, on 22
February 1999 he was forced by three civil police officers to undress and wet his body. He
is said to have been placed on a parrot's perch, submitted to electro-shocks and beaten
several times with a piece of wood and rubber. It is believed that he underwent an
official medical examination and that a judicial inquiry has been opened. The Special
Rapporteur would be grateful to receive information on the outcome of the inquiry. 45. Adonias Barbosa da Silva, a salesman, was allegedly arrested in Belo Horizonte on
12 November 1999 under suspicion of theft. He was reportedly beaten, punched in his back
and stomach, kicked in his legs and hands and hit with a "palmatória". He
allegedly underwent an official medical examination, which is said to have registered
lesions consistent with his allegations. A judicial inquiry has reportedly been opened.
The Special Rapporteur would be grateful to receive information on the outcome of the
inquiry. 46. Juarez Fernandes Rodrigues, a journalist, and Geraldo Magela de Oliveira, his
driver, were allegedly driving a private vehicle on 17 February 2000 in Belo Horizonte
when
May 2001
NationThe Anatomy of Torture
This is the UN report on torture in Brazil made by
the special UN envoy, who visited prisons in five Brazilian states:
São Paulo, Rio de Janeiro, Minas Gerais, Pernambuco and Pará.
The document was presented on April 11, 2001 to the UN
in Geneva. One of the conclusions:
Brazil has good and fair laws, but they are rarely enforced.Nigel Rodley
SCOPE AND CONTEXT