WUNRN
United
Nations Convention against Torture and Other Cruel, Inhuman or Degrading
Treatment or Punishment
Signature
|
Ratification |
Brazil
|
23
Sep 1985 |
28
Sep 1989 |
World
Organisation Against Torture
Case postale 21- 8, rue du Vieux
Billard CH 1211 Tel: +41 22 809 49 39 – Fax: +41 22 809 49 29 –
E-mail: omct@omct.org – www.omct.org |
PRESS RELEASE
Due diligence in the
case of sexual torture of 15-year-old girl is a test
Geneva, 11 December
2007: The international NGO World Organisation
Against Torture (OMCT) recalls that as a Party to the UN Convention against
Torture Brazil must carry out a prompt, impartial and thorough investigation
into the sexual torture of a 15-year-old girl in pre-trial detention in the
state of Pará. It must also hold accountable all those directly and indirectly
responsible and apply adequate sanctions as provided by the law.
In
the eyes of the international community,
However,
increased openness to international scrutiny alone will not bring about a
decrease in the incidence of torture in the country. As the recent case of rape
of an adolescent girl in a police cell shows, some of the most basic safeguards
to prevent torture and ill-treatment, as provided in the Brazilian Constitution
and international treaties are consistently overlooked by the State. These
include the separation of children and adults and men and women in detention.
L.
was arrested on suspicion of petty theft in October and placed in pre-trial
detention in the city of
The
case has prompted public outcry, and
administrative investigations were promptly instructed at police and judiciary
levels once an anonymous complaint reached the Conselho Tutelar, the governmental body responsible for the
protection and welfare of children and adolescents, in November. However, in
what appears to be a coordinated approach, there have been many attempts by
public officials in declarations to the Brazilian media to minimise their
respective organ's responsibility in these events.
OMCT
recalls that according to the UN Convention, torture consists of an act by
which severe pain or suffering is intentionally inflicted on a person for a
specific purpose, such as discrimination on the basis of sex or age, by a
person acting in an official capacity, at his or her instigation or with his or
her consent or acquiescence. Given the apparent opportunity that law
enforcement and judicial personnel had to prevent this episode, State
negligence alone provides grounds for these officials and the rapists to be
prosecuted for torture. Any proof of a person’s complicity requires him or her
to be held accountable and duly prosecuted.
OMCT
commends the protection that has been afforded to the victim and her family,
including their removal from the State of
OMCT
recalls that administrative measures alone do not suffice to ensure compliance
with international law, as either action or omission by public officials in
such a case amounts to a violation of the prohibition of torture. Moreover, the
UN Convention provides for the State's duty to ensure full reparation for
torture victims, including compensation and rehabilitation.
More
generally, OMCT calls on the federal authorities to take this opportunity to
adopt and implement structural measures nationwide to prevent further
violations of this kind and to ensure that safeguards provided in national law
are fully enforced. Indeed, this is not the first such case, and as the number
of women arrested and detained in
For
further information, contact OMCT’s Violence against Women Programme: Mariana
Duarte, md@omct.org or Child Rights Programme:
Cécile Trochu Grasso, ct@omct.org
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