Torture in Brazilian prisons an endemic problem

Preliminary results – released today (Aug. 14) – of an inspection carried out by the UN Human Rights Council in Brazilian prisons show that the torture practiced in the country's prisons is "endemic" and happens intensively and constantly, especially in the first hours after the detentions.

According to the Special Rapporteur on Torture, Juan Méndez, despite the government's fight against torture, the problem persists in the prison system, fueled by impunity and overcrowding. From August 3rd to 14th, he visited detention facilities in the states of São Paulo, Sergipe, Alagoas, Maranhão and the Distrito Federal, at the invitation of the Brazilian government. The final report on the visit is expected to be presented by the UN in three months.

"I'm not saying that all prisoners suffer [torture], but the number of testimonies and the forcefulness of the reports we have received lead me to believe it is not an isolated phenomenon. I don't think anyone in the government defends this method, but in structural terms, torture occurs and the torturer goes unpunished," Méndez noted.

In his view, the use of pepper spray, tear gas, noise bombs, rubber bullets, electric shocks and suffocation by the prison personnel is frequent. The UN rapporteur mentioned that during the visits, he found prisons overcrowded, despite the adoption of measures such as custody hearings, to prevent the growth of the prison population.

Impunity

According to Méndez, even though detainees do notify human rights organizations of the ill-treatment they fall victim to, inmates hardly ever file official complaints at public agencies. This happens, the special rapporteur argues, because they fear retaliation and because they do not believe perpetrators will be punished. “People hesitate to make official reports on torture. This is a deeply ingrained culture, which, if not addressed, may grow even worse.”

The rapporteur says that, during the last two decades, Brazil's prison population skyrocketed, and now ranks fourth worldwide. In his view, this “abrupt” increase has also caused an impact on the health care services provided to inmates.

Among the causes mentioned by the expert for the quick growth in the number of captives are sluggishness in holding hearings, which on average take place five months after an inmate is taken to jail, and also failed anti-drug policies. “Nearly 26 percent of all detainees have been arrested on drug trafficking charges, and very few among the top drug lords have been imprisoned.”

In Méndez's judgment, reducing the age of criminal responsibility—a topic currently under debate in Congress—would only serve to aggravate the problems facing Brazil's prison system. “Prosecuting law-breaking adolescents as if they were adults would violate the Brazil's obligations under the Convention on the Rights of the Child,” he said.

The UN expert went on to highlight the transparency demonstrated by the federal and state governments and the freedom with which the UN entourage was able to scrutinize the situation at penitentiaries throughout the country. He hailed already adopted measures, such as the National Mechanism for the Prevention of Torture and the creation of the National Truth Commission as well as the National Commission for the Prevention and National Commission to Prevent and Combat Torture.

Recommendations

Preliminary data from the report have already been presented by the rapporteur to Brazilian authorities, who have also received the recommendations. Among them were to expand the application of custody hearings to the entire country, and re-design them to encourage victims to speak up and to allow for effective documentation of such violation. Méndez explained that the purpose of the inspection is not to impose sanctions on the country, but to identify problems and come up with solutions.

According to the Ministry of Justice, the lastest  Survey on Prison Data (InfoPen), from June 2014, reports the Brazilian prison population at over 607,000 and the bed deficit at over 231,000.

Translated by Amarílis Anchieta / Fabrício Ferreira