CAT/OP/BRA/2 I. Preliminary remarks 1. Visits by National Preventive Mechanisms (NPM) and the Subcommittee on Prevention of Torture ( SPT), and cooperation between the State Authorities and these bodies are fundamental under the Optional Protocol to the Convention against Torture (OPCAT) for the prevention of torture and ill-treatment to be effective. 2. Under OPCAT, Article 12(d), States Parties are obliged to enter into dialogue with the Subcommittee on the implementation of its recommendations. In order that dialogue be meaningful, States must respond to SPT recommendations and requests for information in a timely, considered and comprehensive manner. States must consider the SPT’s recommendations in good faith, with a view to implementing them, if necessary, in a phased manner and in accordance with an action plan that includes clear timelines for addressing each issue. 3. The SPT asks the authorities of the Federative Republic of Brazil to recall this obligation as it continues its dialogue with the SPT. II. Cooperation 4. Brazil’s Reply to the SPT’s Report was slightly delayed, by just over two months. In its Reply, Brazil provides further detailed information that relates to the treatment and detention conditions of detainees. The SPT recognises the efforts that Brazil has taken to produce this detailed Reply, which helps build a fuller picture of the situation in Brazil. 5. The SPT is cognisant of Brazil’s willingness to support the SPT in its future visits to the State, which the Federal Government expressed in its Reply to the SPT’s Preliminary Observations. Welcoming this, but to avoid any future confusion, the SPT would like to clarify that it is not part of United Nations Special Procedures (See Reply Para. 2) but is mandated directly by the OPCAT. Accordingly, the SPT’s access to a State, its circulation within it, and its access to all its places of detention are provided by the Convention and the SPT requires no further invitation from the State. The SPT is nevertheless pleased by, and commends the government of Brazil for this important expression of cooperation in the spirit of the OPCAT. 6. The SPT further welcomes Brazil’s willingness to publish the SPT’s visit Report. Publication increases transparency and is a further protection against torture and other illtreatment. This important step will not only help to prevent torture and ill-treatment in Brazil but also sets a helpful example for others to follow. Accordingly, and as a continuation of the cooperation that Brazil has already displayed, the SPT encourages the Brazilian authorities to authorise the publication of the Government’s Reply, and this Response, as provided for under Article 16(2) OPCAT. 7. Although Brazil has taken these abovementioned formal steps to satisfy its OPCAT obligation to cooperate with the SPT, the SPT is nevertheless concerned that a large number of recommendations in the visit Report have either not been acknowledged, or have not been engaged with fully by the State. In the majority of cases, information that is relevant to the recommendations has been supplied. Nevertheless, the SPT finds that in many cases, rather than indicate concrete measures to ensure the translation of policy into practice, or details of specific and direct relevance to the recommendations, much of the Reply to specific recommendations remains broad-brush and confined to the policy level. 8. The SPT finds it especially concerning that Brazil’s Reply includes barely a mention of the systematic use of torture and ill-treatment suffered by many inmates, and which are 3

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