APT - Brasil

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Brazil Updated 26.05.2015 OPCAT status OPCAT Ratification : January 12, 2007 UNCAT Ratification : September 28, 1989 SPT Member : Ms Maria Margarida E. Pressburger (2011-2016) NPM Designated : National System to Prevent and Combat Torture at the federal level NPM Type : National Preventive System in Federal State NPM Legal Framework : Law N° 12.847 (2 August 2013) - Portuguese version Implementing Decree N° 8.154 (16 December 2013) - Portuguese version Law N° 12.857 creating the NPM members' positions (2 September 2013) - Portuguese version LPM Designated :

description

Relatório da Associação para a Prevenção da Tortura sobre a situação do Brasil.

Transcript of APT - Brasil

Brazil Updated 26.05.2015

OPCAT status

OPCAT Ratification : January 12, 2007 UNCAT Ratification : September 28, 1989 SPT Member : Ms Maria Margarida E. Pressburger (2011-2016) NPM Designated :

National System to Prevent and Combat Torture at the federal level

NPM Type :

National Preventive System in Federal State

NPM Legal Framework :

Law N° 12.847 (2 August 2013) - Portuguese version

Implementing Decree N° 8.154 (16 December 2013) - Portuguese version

Law N° 12.857 creating the NPM members' positions (2 September 2013) -Portuguese version

LPM Designated :

Alagoas: State Mechanism to Prevent and Combat Torture

Rio de Janeiro: Mechanism to Combat and Prevent Torture

Espirito Santo: State Mechanism to Prevent and Combat Torture

Paraíba: State Mechanism to Prevent and Combat Torture

Pernambuco: State Mechanism to Prevent and Combat Torture

Rondonia: State Mechanism to Prevent and Combat Torture

Minas Gerais: State Mechanism to Prevent Torture

LPM Type :

Alagoas: New Specialised Institution

Rio de Janeiro: New Specialised Institution

Espirito Santo: New Specialised Institution

Paraíba: New Specialised Institution

Pernambuco: New Specialised Institution

Rondonia: New Specialised Institution

LPM Legal framework :

Alagoas: Law n°7.141/2009 (December 2009)

Rio de Janeiro: Law n. 5778/2010 (30 June 2010)

Espirito Santo: Law nº10.006 (April 2013)

Paraíba: Law nº 9413 (July 2011)

Pernambuco: Law nº 14.863 (December 2012)

Rondonia: Law nº 3.262 (5 December 2013)

Minas Gerais: Law nº 21.164 (17 January 2014)

Information

Population : 190 732 694 Area (sq km) : 8 511 965 Number of prisons : 1 795 Prison population : 494 237 Federal Structure : Brazil is divided into 26 States and one Federal District

Quick Links

SPT: SPT Report (19-30 September 2011); first response from Brazil (January2012); first response from SPT (March 2014); second response from Brazil

Communication to the SPT: Official Correspondence from Brazil (5 November2008) and Official Correspondence from Brazil (4 February 2010)

CAT Visit: Report (July 2005)

CAT: Concluding Observations (2001)

UPR: Report of the Working Group (May 2012)

OPCAT Situation

Brazil ratified the OPCAT in 2007. In August 2013, Brazil adopted the nationallegislation establishing the National System to Prevent and Combat Torture andcreating two bodies aimed at monitoring places of detention and promoting therights of persons deprived of their liberty: the Committee and the NationalPreventive Mechanism.

In December 2013, a Presidential Decree was published to regulate thefunctioning of the National System to Prevent and Combat Torture, including theselection process of the members to the two national torture prevention bodies.In January 2014, the Human Rights Secretariat of the Presidency of theRepublic launched a public call for the 12 seats of the National Committee toPrevent and Combat Torture assigned to representatives from civil societyorganisations and professional associations. The call was published in theFederal Official Gazette on 31 January 2014 and is open until 18 February2014.

Similarly to Argentina, OPCAT implementation has also started at the statelevel: legislations establishing local preventive mechanisms have been adoptedin six States (Alagoas, Espirito Santo, Paraíba, Pernambuco, Rio de Janeiroand Rondonia) while the State of Minas Gerais is examining a draft LPMlegislation. The LPM from Rio de Janeiro has been operational since August2011.

The SPT visited Brazil in September 2011 and the report was made public.Brazil decided to make its response public in November 2012.

The SPT member Felipe Villavicencio Terreros is the SPT Focal Point for Brazil.

NPM Designation

In December 2009, the Federal Government launched its Third National HumanRights Programme (Plano Nacional de Direitos Humanos III). The planexpressly establishes as one of its strategic actions aiming at eliminating tortureand other forms of ill-treatment, the drafting of a bill of law creating a newNational Preventive Mechanism. This Mechanism will be established to carryout a system of regular monitoring visits to places where people are deprived oftheir liberty, in accordance with the OPCAT.

Furthermore, the Programme recommends that each state of the federationdesignate its own preventive mechanism at state level , which should function incoordination with the National Preventive Mechanism (Eixo Orientador IV,Diretriz 14, Objetivo Estratégico III, (a)).

NPM Designated

On 2 August 2013, after the approval of Brazilian Congress, the President of theRepublic signed the national legislation creating the National System to Preventand Combat torture (Law N° 12.847).

In January 2014, the Human Rights Secretariat of the Presidency of theRepublic launched a public call for the 12 seats of the National Committee toPrevent and Combat Torture assigned to representatives from civil societyorganisations and professional associations. The call was published in theFederal Official Gazette on 31 January 2014 and is open until 18 February2014.

Process

2005

Debates about NPM implementation initiated before OPCAT ratification.Amongst others, in June 2005, the APT and the Center for Justice and

International Law (CEJIL) convened a seminar on OPCAT implementation inBrazil and other Federal and Decentralized States. An assessment paper ofexisting monitoring mechanisms (see below under existing monitoringmechanisms) and seminar participants concluded that the plethora ofcommendable monitoring efforts were beset by serious short-comings andtherefore recommended that a new body be created as NPM.

2006

The Human Rights Secretariat of the Presidency is officially in charge ofcoordinating the NPM definition process. The Secretariat established by decree(signed by the President on 26 June 2006) a National Committee to Prevent andCombat Torture comprised of representatives of the state and civil society. TheNational Committee aims to supervise and monitor the implementation of theactions and proposals made by the states which have adopted the federal “Planof Actions to Prevent and Combat Torture” and to propose independent nationalpreventive mechanisms for the prevention of torture in Brazil.

This Plan of Action, drafted and proposed by the federal government,establishes a number of actions and measures aiming to eliminate torture.Those actions have to be taken by the states, with the support of the federalgovernment. Being Brazil a federal state, the federal authorities have to worktogether with the executive power of each state encouraging them to sign andadopt the Plan. Engaging in the plan of actions to prevent and combat tortureremains a faculty of the states, not an obligation.

2007

In April 2007, the National Committee convened with the APT a workshop onthe NPM. At the workshop, general principles and considerations guiding theNPM and their applicability to Brazil were addressed. For the first time, a StateParty to the OPCAT requested the advice of the SPT on the NPM designationprocess by inviting one of its members to participate in the workshop.A draft law on the establishment of the NPM was then drafted by the NationalCommittee and submitted for consultations with relevant ministries. Significantamendments were made to the first draft proposal and a second draft was thenmade public.

The first draft NPM law, which was not made public, included the creation of anew Mobile Unit (Unidade Móvel) of 21 members with a secretariat as NPM.

Each state could also designate its own local preventive mechanism.Additionally, the draft legislation formalised the existing Committee to Preventand Combat Torture with a role for designating the NPM members and assistingin the implementation of its recommendations.

2008

The Human Rights Secretary convened meetings in a few states to discuss thedraft NPM proposal. This proposal envisaged designating existing institutions asthe NPM, with the creation of a reduced Mobile Unit.A meeting of the National Committee to Prevent and Combat Torture wasconvened on 18 September 2008 in Brasilia, with the participation of the APT, torevise this draft. On the basis of the observations received and considerations ofan international seminar on OPCAT in federal states which took place inArgentina in September 2008, the National Committee to Prevent and CombatTorture drafted a third proposal for the NPM.In its report to the Human Rights Council in February 2008 in the context of theUniversal Periodic review, Brazil states that “The creation of the NationalCommittee for Prevention and Fight Against Torture in Brazil, on June 26, 2006,and the ratification of the Facultative Protocol to the Convention Against Tortureand Other Cruel, Inhumane or Degrading Treatment or Penalties, on January11, 2007, are important institutional milestone for the effective and permanentfight against torture. Arrangements are being made for the construction of anational mechanism of prevention and fight against torture, complying with thecommitments established in the recently ratified Additional Protocol”.

2009

In December 2009, the National Committee held a meeting to evaluate bothversions, address the concerns raised by the Civil House, and decided on afourth and final version of the draft bill of law. This version was then again sentto the Civil House.The Civil House expressed some concerns on the third NPM proposal andpresented a counter-proposal draft (contra-proposta). A representative of theHuman Rights Secretariat was appointed by the Human Rights Minister to liaisewith the Civil House, to understand the issues of resistance and present them tothe National Committee. The National Committee asked the APT to submit itscomments on both versions of the draft law: the one prepared by theCommittee, and the one by the Civil House, which was sent to the members ofthe Committee on 14th December 2009.

2010

In March 2010, the Civil House informed the Committee that the final version ofthe NPM draft proposal had been accepted and would be submitted forcongressional approval in the following weeks.The final draft NPM law envisaged to establish a National System for thePrevention of Torture comprised of public and private bodies and institutionswith a legal mandate to inspect and monitor places of detention or to promoteand defend the rights of people deprived of liberty, as follows:

The National Committee to Prevent and Combat TortureA new National Preventive MechanismPreventive Mechanisms established at state levelprison judges from the Federal and State levelchildren and Adolescents judges from the Federal and State levelsmembers of the Public Prosecutor’s Officemembers of the Public Defenders’ Office, from the Union, States andMunicipalitiesthe National Council of Criminal and Penitentiary Politics, the NationalPenitentiary Department, Community Councils and Local PenitentiaryCouncilsHuman Rights Councils at state and municipalities levelsOmbusdman offices and internal affairs offices of the police andpenitentiary systemCommittees to Prevent and Combat Torture at state levelHuman Rights Commission of the Federal CongressHuman Rights Commissions at state legislaturesNon governmental organizations with recognized experience oncombating torture

In 2010, up to now 14 states have adopted the Plan of Actions to Prevent andCombat Torture. The state of Rio de Janeiro is the latest one to have done so.

2011-2013

After over 5 years of debates within the National Committee to Prevent andCombat Torture and inter ministerial negotiations among the Ministry of Justice,the Civil House and the National Human Rights Secretariat a consensus wasfinally reached on a draft bill of law text. Nevertheless, regardless of theachieved consensus the government continued to postpone, without a clear

reason or justification, the submission of the bill of law to the National Congress.

It was not up to the visit of the Subcommitte for the Prevention of Torture to thecountry in September 2011 that the bill of law creating a new institution to focusas NPM and a National System for the Prevention of Torture as describedabove was finally submitted to the National Congress by the President.However, surprisingly, the text of the draft bill of law was not kept in its entiretyas originally drafted and significant changes which undermined the autonomyand independence of the NPM and its members, not previously debated with theNational Committee, were introduced to the text by the Civil House. The originaldraft as written by the National Committee to Prevent and Combat Tortureestablished that the selection committee responsible for choosing the NPMmembers would be comprised partially of civil society members elected byhuman rights civil society organizations, and that the selection process of NPMmembers would be public, following a public call for candidates. Thecandidacies presented would be made public and then an opportunity would beopened for anyone to submit motions to support or oppose any of thecandidates. The professional councils would be expressly consulted about thecandidacies presented.

The version presented to Congress by the Executive changed completely suchprocedure. It establishes that the members of the body that will select the NPMmembers will be directly appointed by the President of the Republic, which inturn will select the members of the NPM (see below). The bill of law does notdefine how the selection procedure will take place, neither guarantees that itwill be a open pubic process.Following its visit to Brazil (September 2011), theSubcommittee on Prevention of Torture expressed its deep concern about themethod chosen for selecting NPM members as the current draft proposes asystem whereby the President of Brazil selects NPM members from a list ofcandidates prepared by the National Committee for the Prevention and Combatof Torture, whose members, in turn, are selected and appointed by thePresident does not reflect a public, participative and transparent process.

Therefore, the SPT recommended that “the State party introduce the necessarychanges, so as to guarantee an open, transparent and inclusive process, inparticular of civil society, for the selection and appointment of NPMmembers” recalling its Guidelines which call for an open, transparent andinclusive process for the selection and appointment of members of the NPMwhich should be participative and involve a wide range of stakeholders,including civil society.” Furthermore, it also recommended that “provision be

made for gender balance and ethnic and minority representation in the NPMcomposition”.

Following the approval by the Brazilian on 11 July 2013, on 2 August 2013 thePresident of the Republic signed the Law N° 12.847 , which establishes theNational System to Prevent and Combat Torture. This System creates twobodies aimed at monitoring places of detention and promoting the rights ofpersons deprived of their liberty: the Committee and the National PreventiveMechanism.

Federal State

NPM Resources

Human Resources

According to the NPM law, the National Preventive Mechanism will becomposed of eleven members (the 2008 draft envisaged 21 members) for athree year mandate (renewable once) with relevant skills and professionalknowledge. The members will work full time for the NPM on their individualcapacity (not representing any institution or organization) and receiving a salary.

The selection process of the NPM members will be carried out by the NationalCommittee to Prevent and Combat Torture, whose twenty three members willbe selected and appointed by the President of the Republic.

The National Committee will choose the eleven members of the NPM (how theselection process should be carried out is not established in the law) whosenames will be then submitted to the President of the Republic for designation

NPM Working Methods

Guarantees and Powers

According to the NPM legislation, the NPM has the duty to conduct regular visit

to people deprived of liberty, resulting from any form of detention, imprisonmentor placement in public vigilance establishments, in order to monitor theconditions to which they are submitted.The NPM members would be granted:

access to information relative to the number and identity of peopledeprived of liberty; their conditions of detention and treatment; and thenumber, capacity and location of detention facilities,access to all places of deprivation of liberty, their facilities andequipments, with the possibility of conducting unannounced visits;right to interview people deprived of their liberty or any other person whomay share relevant information, in private and without any witness, and ina location which ensures the required security and confidentialityright to choose the places to visit and people to interview; right to usevideo, photo, and audio recording equipment, assuring the observanceand respect of the right of privacy of people involvedright to demand probationary inquiries

The law explicitly states that the creation of the NPM does not limit access todetention centres by other public institutions or organisations from the civilsociety, who also combat the practice of torture and ill-treatment of peopledeprived of their liberty.

NPM Reports and Recommendations

According to the NPM legislation, the NPM has the duty to:

write periodic reports of the visits to places of detention within one monthafter the visit and present them to the National Committee to Prevent andCombat Torture, the General Attorney’s Office and to the detentionauthorities;elaborate, on a annual basis, a report on the prevention of torture inBrazil, with a analysis of the situation at both the Federal and Statelevels; and propose measures that should be adopted to improve thesituation;make recommendations and observations to the authorities;

submit proposals and observations concerning existing or draft legislationrequest from the competent authority the immediate establishment ofrelevant criminal and administrative proceedings for accountability ofpublic agents once a possible situation of torture is identified

NPM Relationships with Other Actors

The NPM has the right to articulate with the UN Subcommittee on TorturePrevention.

Prison judges, Children and Adolescents judges and members of PublicProsecutors’ Offices would inform the National Committee to Prevent andCombat Torture on the irregularities and evidence on cases of torture and ill-treatment.

State of Alagoas

LPM Designation

LPM Designated

The State of Alagoas adopted a legislation establishing a local preventivemechanism to prevent torture and ill-treatment in 2009. As of June 2012, theAlagoas LPM is not yet operational.

Process

2007-2009

Following a detention training workshop (co-organised by the National HumanRights Secretariat and the APT, 2007), the members of the State Committee toPrevent and Combat Torture of Alagoas with the support of the Head of theDepartment of Combatting Torture of the National Human Rights Secretariat,

drafted a bill of law to create a new preventive mechanism in accordance withthe OPCAT. The draft legislation was based on the model being proposed at thefederal level.

Discussions on the draft legislation continued through a seminar organised bythe APT, in partnership with the Human Rights Commission of the BarAssociation of Alagoas and the State Secretariat for Human Rights, Citizenshipand Women Rights of Alagoas (November 2009).

In December 2009, the bill of law was approved by the state legislature. Thestate law (no 7.141/ 2009) besides formalizing the existence of the StateCommittee to Prevent and Combat Torture by a legislative text, establishes anew Preventive Mechanism.

LPM Resources

Human Resources

The new local mechanism of Alagoas is to be comprised of 3 experts to beselected and appointed by the members of the State Committee to Prevent andCombat Torture through a public call for candidates. The members of thepreventive mechanism will have a 3 year mandate (renewable once) and willwork full time receiving a salary.

As of June 2012, the State Committee was still in process of designating itsmembers and drafting its rules of procedure.

Financial Resources

The State Preventive Mechanism (SPM) of Alagoas will be administrativelyattached to the Secretariat of Human Rights, Citizenship and Women Rights ofthe State of Alagoas, which will be responsible for providing the necessarymaterial and financial resources for its functioning.

LPM Working Methods

The local preventive mechanism of Alagoas will have the duty, among others, toconduct regular visit to people deprived of liberty, in order to monitor theconditions to which they are submitted.

LPM Reports and Recommendations

The local preventive mechanism of Alagoas will have the duty to:

write periodic reports of the visits to places of detention within one monthafter the visit. The reports will be presented to the State Committee toPrevent and Combat Torture, the General Attorney’s Office of the stateand to the detention authorities;make recommendations and observations to the authorities;request from the competent authority the immediate establishment ofappropriate criminal and administrative proceedings for accountability ofpublic agents once a possible situation of torture is identified.

LPM Relationships with Other Actors

With the NPM

Concerning the relation and coordination of the local preventive mechanism ofAlagoas with the National Preventive Mechanism, the law expressly foreseesthat the Alagoas mechanism will adopt the standards and practicesrecommended by the National Preventive Mechanism aiming at harmonisingnational practices and strategies on torture prevention. Furthermore, it willcoordinate with the NPM in order to obtain support for its actions and missionsin the state and strengthen its role and functioning.

State of Minas Gerais

LPM Designation

The NPM has not been designated yet in Brazil at the domestic level. However,the State of Minas Gerais plans to establish a local preventive mechanism.

Process

2010

Following conversations between local organisations and a state legislator, a proposal of bill of law building up on the previous experiences of the states ofRio de Janeiro and Alagoas, as well as on the model being discussed at federallevel.

The bill of law proposal establishes a new State System for the Prevention ofTorture and Other Ill Treatment , which will be comprised of the StateCommittee to Prevent and Combat Torture, the Executive Secretariat of theState System for the Prevention of Torture, and the Local PreventiveMechanism.

The State Committee to Prevent Torture and Other Ill –Treatment will becomprised by representatives of the State Secretariat for Social Development,State Secretariat of Social Defense, State Secretariat of Public Health, StateSecretariat of Education, Military Police and Civil Police, and by sevenindependent members representing civil society organizations, the State Councilfor the Defence of Human Rights and professional bodies. Representatives of the Judicial branch, DA's office and Public Defender's Office will be invited toparticipate as external observers with the right to vote.

The Executive Secretariat of the State System for the Prevention of Torture willbe established within the Human Rights Subsecretariat of the State of MinasGerais and has the main function of supporting the functioning and the work ofthe State Committee and the Local Preventive Mechanism, and building andmaintaing a database for the systematization of reports of torture and ill

treatment, as well jurisprudence on the matter. It will be comprised of 3members (one Executive Secretary and two technical assistants) which will bechosen by the State Committee and designated by the Governor.

2012

As of June 2012, relevant stakeholders, namely the District Attorney´s Office ofMG (Ministério Público Estadual), the State Secretariat of Social Developmentand the State Human Rights Council are carrying out a local campaign tosecure political support for the proposal in order to present it to the StateLegislature.

LPM Resources

Human Resources

The Local Preventive Mechanism of Minas Gerais will be comprised of elevenmembers with outstanding knowledge and experience in human rights, to beselected through a process of public call for candidates.

As for the LPM from Rio de Janeiro, the selection process will be coordinated bythe members of the State Committee to Prevent and Combat Torture.

Financial Resources

The funding for the LPM shall be of the responsibility of the Human RightsSubsecretariat of the State Social Development Secretariat of Minas Gerais, towhich the LPM will be administratively attached.

LPM Working Methods

Guarantees and Powers

The Local Preventive Mechanism, according to the project, will have the

mandate to visit places of deprivation of liberty, interview detainees, order theinvestigation of complaints, produce reports and recommendations, amongstothers.

State of Rio de Janeiro

LPM Designation

LPM Designated

The State of Rio de Janeiro decided to implement the OPCAT at the local leveland established by law a local preventive mechanim (Mechanism to Combatand Prevent Torture) in June 2010. The LPM is operational since August 2011.

Process

2010

On March 2010 a meeting with civil society organisations from Rio de Janeirowas convened by the APT, CEJIL and Pastoral Carcerária Nacional. Thismeeting aims to discuss the implementation of the OPCAT in Brazil at bothfederal and state level, and to debate actions in the state of Rio to strengthenthe fight against torture in places of detention.

As a result, local NGOs together with a state legislator, led the process ofdrafting a bill of law creating in the state of Rio a Committee to Prevent andCombat Torture and a State Preventive Mechanism under the OPCAT. Thedraft bill of law was based on the proposed NPM being discussed at the federallevel and the local preventive mechanism of the state of Alagoas.

A public hearing was convened at the State Legislature of Rio de Janeiro onMay 2010 to raise awareness on the draft law. The public hearing promoted apublic consultation on the content of the draft legislation. It was attended bystate legislators, civil society organizations, and the Human Rights Secretary ofthe State, who publicly manifested the Governor’s full support to the approval ofthe law. The APT and the Vice-President of the SPT participated in the hearing

as invited speakers.

The legislation establishing a local preventive mechanism for Rio de Janeiro, aswell as a Committee to Prevent and Combat Torture was approved without anyamendment by the State Legislature and became law on 30 June 2010 (statelaw no 5778/2010).

LPM Internal Organisation

According to the LPM legislation, the LPM shall draft its internal regulations(pending as of June 2012). There is no official coordination or steeringcommittee within the LPM.

LPM Resources

Human Resources

The new local mechanism of Rio de Janeiro is comprised of 6 experts selectedthrough a public call for candidates, for a 4 year mandate (renewable once).The law also establishes a new State Committee to Prevent and CombatTorture, which is comprised of 16 representatives of public institutions,governmental agencies, professional councils, human rights councils and civilsociety organisations, for a 2 year mandate renewable once. The StateCommittee is in charge of coordinating the appointment procedure of themembers of the local preventive mechanism.

Selection process local preventive mechanism

In December 2010, the members of the local preventive mechanism (LPM) wereselected by the Committee to Prevent and Combat Torture of Rio de Janeiro.The selection process was opened by a public call for candidates. The criteriaadopted by the Committee to select the 6 LPM members were: academiceducation, experience in the field, experience in carrying out monitoring visits toclosed institutions, productive capacity and gender balance. The selected teamincludes professionals in Law, Psychology, Social Work and Sociology,reflecting therefore the multidisciplinary approach recommended by

international experts for monitoring bodies. The LPM started functioning inAugust 2011.

Financial Resources

The LPM members work full time and receive a salary.

The Rio LPM is administratively linked to the State Legislature. The LPMintroduced an action plan with a budget to the President of the Assembly, whichwas approved. However, the LPM has to obtain the approval for each expenses(including offices, staff, car etc) and does not have the control over its budget.

Following its visit to Brazil (September 2011), the Subcommittee on Preventionof Torture recommended "that relevant federal and state authorities provide theRio de Janeiro mechanism, as well as other mechanisms to be created, withfunctional independence and sufficient resources so as to allow these bodies todischarge their functions effectively in accordance with the provisions ofOPCAT".

LPM Working Methods

The local preventive mechanism of Rio de Janeiro has the duty to conductregular visit to people deprived of liberty, in order to monitor the conditions towhich they are submitted.

Visits are unannounced and lasts between three to four hours. Although theLPM has adopted a programme of visits, most visits rely on complaints orallegations of torture and ill-treatment.

LPM Reports and Recommendations

The local preventive mechanism of Rio de Janeiro has the duty to:

write periodic reports of the visits to places of detention within one monthafter the visit. The reports are presented to the State Committee toPrevent and Combat Torture, the General Attorney’s Office of the stateand to the detention authorities;make recommendations and observations to the authorities;submit proposals and observations concerning existing or draftlegislation;implement and maintain a database with allegations of torture andsentences and judicial decisions concerning cases of torture and ill-treatment.

As of June 2012, the LPM has been able to draft reports following its visits toplaces of detention. The database and proposals and observations concerningdraft legislations are pending tasks.

Annual Reports

The local preventive mechanism of Rio de Janeiro elaborates, on a annualbasis, a report on the prevention of torture in Rio de Janeiro. The annual reportincludes an analysis of the situation and proposes measures that should beadopted to improve the situation.

Annual report 2014

Annual report 2013

Annual report 2012

Visits and Thematic Reports

The LPM of Rio de Janeiro drafts reports following its visits to places ofdetention.It also prepares periodically, at least once a year, reports on relevantissues for the prevention of torture and ill-treatment. In 2013 the LPM made ananalysis on the failures of the penitentiary system in procedures to releasedetainees and sentencing reduction.

Thematic report on human rights abuses during mega events in Rio de Janeiro(Portugese version)

Report on 4th Human Rights National Inspection: drug rehabilitation centres byFederal Council of Psychology - visit to Rio de Janeiro carried out incollaboration with the LPM (Portuguese version)

Report of visits to health care units of the State Department of PenitentiaryAdministration (Portuguese version).

Analysis of progress made in the enforcement of penal sentences within thepenitentiary system of Rio de Janeiro (Portuguese version)

LPM Relationships with Other Actors

With the Committee to Prevent and Combat Torture

The Rio de Janeiro Committee to Prevent and Combat Torture shall evaluate,monitor and support the implementation in the state of Rio of the National Planof Actions to Prevent and Combat Torture. It shall work closely with the localpreventive mechanism of Rio de Janeiro in order to support its functioning andcooperate for the strengthening of its capacity and mandate. The Rio Committeeshall also engage in dialogue with relevant authorities to promote and foster theimplementation of the recommendations presented by the Rio preventivemechanism.

The practicalities of this relationship have to be further defined by the LPM andthe Committee.

With the Subcommittee on Prevention of Torture

The Rio LPM established direct contacts with the SPT during its visit to Brazil inSeptember 2011. To prevent reprisals, they conducted follow-up visits to

specific places of detention visited by the SPT and shared information with theSecretariat on specific cases.

With the APT

The APT is undertaking several activities with the Rio LPM since the beginningof its operations, in particular on monitoring places of detention and strategiccoaching.

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