Section 1. Respect for the Integrity of the Person, Including Freedom from:
c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment
The constitution prohibits such treatment and provides severe legal penalties for conviction of its use. There were, nevertheless, cases of degrading treatment such as those documented by Juan Mendez, UN special rapporteur on torture and other cruel, inhuman, or degrading treatment or punishment, who visited the country in August 2015 and published his findings in January. Credible testimony from inmates–women, men, girls, and boys chosen at random in various detention facilities–pointed to the frequent use of torture and mistreatment, varying in methods and the severity of the pain and suffering inflicted. The incidents occurred during arrest and interrogation by police and also while inmates were in the custody of prison personnel. The inmates reported police and prison personnel engaged in severe kicking, beating (sometimes with sticks and truncheons), and suffocation. Inmates also reported police and prison personnel used Taser guns, pepper spray, tear gas, noise bombs, and rubber bullets, as well as profuse verbal abuse and threats.
Prison and Detention Center Conditions
Conditions in many prisons were poor and sometimes life threatening mainly due to overcrowding. Abuse by prison guards, including sexual abuse, continued at many facilities, and poor working conditions and low pay for prison guards encouraged corruption.
Physical Conditions: Endemic overcrowding was a problem. According to the Ministry of Justice and Citizenship, as of November the prison population was 711,463 prisoners (including house arrests); the official capacity of the prison system was 376,669 prisoners. According to the Catholic Church’s Penitentiary Commission, in some states women were occasionally held with men, although in separate cells. Prisoners who committed petty crimes frequently were held with murderers and other violent criminals. Authorities attempted to hold pretrial detainees separately from convicted prisoners, but lack of space often required holding convicted criminals in pretrial detention facilities. Many prisons, including in the Federal District, attempted to separate violent offenders from nonviolent ones and to keep convicted drug traffickers in a wing apart from the rest of the prison population. Multiple sources reported adolescents were jailed with adults in poor and crowded conditions. In many juvenile detention centers, the number of inmates greatly exceeded capacity.
Violence was rampant in several prison facilities in the Northeast. In addition to overcrowding, poor administration of the prison system, the presence of gangs, and corruption contributed to violence within the penitentiary system. In July criminal organizations organized prison riots and violent acts throughout prison facilities in the state of Rio Grande do Norte after the state government announced it would install cell-phone jammers at prison facilities. Authorities deployed more than 1,000 army troops after 107 prisoners escaped and burned several public buses. In October prison clashes between rival gangs killed at least 18 inmates in two penitentiaries in the states of Roraima and Rondonia, according to press reports.
The press reported on multiple riots and escapes in the Curado prison complex in the state of Pernambuco. In June judges from the Inter-American Court of Human Rights visited the Curado prison (previously named the Anibal Bruno prison) in relation to a case brought against the state of Pernambuco regarding alleged human rights violations. As part of the Inter-American Court case, Human Rights Watch and other NGOs cited inadequate sanitary conditions. HIV and tuberculosis rates in prisons were far higher than rates for the general population. The prevalence of tuberculosis in Pernambuco’s prisons was reportedly 37 times that of the general population.
Administration: Prisoners and detainees had access to visitors; however, human rights observers reported some visitors complained of screening procedures that at times included invasive and unsanitary physical exams. State-level ombudsman offices and the federal Secretariat of Human Rights monitored prison and detention center conditions and investigated credible allegations of inhuman conditions.
Independent Monitoring: The government permitted monitoring by independent nongovernmental observers, including the International Committee of the Red Cross, United Nations, and Organization of American States.
Improvements: In the Pedrinhas complex in the state of Maranhao, authorities reduced the level of violence by incarcerating rival gang leaders in separate facilities and professionalizing the prison guards, converting them from private contractors to public employees.