BRAZIL-SOGI-TBs-CAT

Concluding Observations on Report 2 (2023) (Link)

Conditions of detention

21. As the delegation acknowledged, the Brazilian penitentiary system faces enormous challenges. The Committee takes note of the efforts made by the State party to reduce overcrowding in prisons, as such efforts improve the conditions of detention. However, the Committee remains deeply concerned about reports of overcrowding in the vast majority of the prisons in the State party and about the overall very high rate of incarceration, including in pretrial detention, for drug-related offences, in particular of young Afro-Brazilian men and women. It is seriously concerned about a lack of effective measures to address the root causes of the disproportionate rates of incarceration of Afro-Brazilians, including overpolicing, racial profiling, systemic racial discrimination within law enforcement agencies and other institutions involved in the administration of justice and policies that criminalize drug possession. Moreover, the Committee is concerned about reports of self-rule arrangements made possible by the lack of custodial staff in many prisons, frequent riots resulting in fatalities, violence among inmates and inadequate security measures in some prisons. It is further concerned about acts of corruption by prison officers and other prison staff. Furthermore, the Committee is concerned about reports of:

(a) appalling conditions of detention – including for women, minors, persons with disabilities and lesbian, gay, bisexual and transgender persons – in most correctional facilities, which lack hygiene and sanitation services, ventilation and natural light, access to drinking water and sufficient amounts of suitable food…

22. The State party should:

(a) Pursue its efforts to eliminate overcrowding in all detention centres, primarily by using alternative measures to custodial sentences both before and after trial, in which regard the Committee draws the State party’s attention to the United Nations Standard Minimum Rules for Non-custodial Measures (the Tokyo Rules) and the United Nations Rules for the Treatment of Women Prisoners and Non-custodial Measures for Women Offenders (the Bangkok Rules); and undertake work to make the necessary improvements to prison facilities and take urgent measures to remedy any deficiencies related to the general living conditions in prisons, to ensure full compliance with the Nelson Mandela Rules…

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Gender-based violence

41. While acknowledging the legislative and other measures taken by the State party to prevent and combat gender-based violence against women, and the fact that the Supreme Court issued a ruling on the legal controversies around the constitutionality of Law No. 11,340 of 2016 (the “Maria da Penha Law”), on domestic and family violence against women, finding that the Law was indeed constitutional, the Committee remains concerned about compliance both with the verdicts of the Supreme Court and with the Maria da Penha Law by judges at the local level. It is also concerned about:

(a) The high levels of gender-based violence against women, in particular Afro- Brazilian, Indigenous and Quilombola women, including those who identify as lesbian, bisexual and transgender, particularly in the form of femicide, and weaknesses in the measures taken by the State party, including the national plan to combat femicide…

42. The State party should:

…(c) Strengthen its judicial system to ensure that women, in particular Afro- Brazilian, Indigenous and Quilombola women, including those who identify as lesbian, bisexual and transgender, have effective access to justice, and facilitate women’s access to justice by increasing both the number of specialized courts dealing with domestic and family violence cases and the number of judges with expertise in these cases…

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Human rights defenders

45. The Committee welcomes the adoption of the Programme for the Protection of Human Rights Defenders, Communicators and Environmentalists, in 2018, and the launch of the Information System on Threatened Human Rights Defenders, in 2014. However, it is concerned about reports of death threats, intimidation, harassment, violent attacks and killings carried out against human rights defenders, in particular Afro-Brazilian, Indigenous and Quilombola human rights defenders, including women, environmental rights defenders, journalists, community leaders, trade unionists, and lesbian, gay, bisexual and transgender activists during the reporting period. It is also concerned that there is an absence of specific legislation to protect human rights defenders, and that the Programme for the Protection of Human Rights Defenders, Communicators and Environmentalists has been allocated inadequate budgetary resources and has been unable to provide meaningful protection to human rights defenders facing threats. It is further concerned about the misuse of legislation on drugs and counter-terrorism to criminalize human rights defenders. The Committee regrets the low number of convictions for such acts committed against human rights defenders (arts. 2, 12, 13 and 16).

46. The State party should:

(a) Take all the steps necessary to prevent, investigate and punish accordingly all forms of threats, harassment, violent attacks and killings committed against human rights defenders and provide adequate redress to the victims or their families;

(b) Adopt specific legislation to protect human rights defenders, provide additional funding for the Programme for the Protection of Human Rights Defenders, Communicators and Environmentalists and consult with affected groups on how the programme can effectively meet their needs;

(c) Take effective measures to ensure that legislation on drugs and counter-terrorism are not misused to criminalize the work of human rights defenders.

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Concluding Observations on Report 1 (2001) (Link)

119. The Committee expresses its concern about the following:

…(b) The overcrowding, lack of amenities and poor hygiene in prisons, the lack of basic services and of appropriate medical attention in particular, violence between prisoners and sexual abuse. The Committee is particularly concerned about allegations of ill-treatment and discriminatory treatment of certain groups with regard to access to the already limited essential services, notably on the basis of social origin or sexual orientation;

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