Brazil must put an end to the use of excessive force and Colombia redouble efforts to eradicate violence

He Committee Against Torture presented this Friday its conclusions on the efforts of five countries, including Brazil and Colombia, regarding the application of the provisions of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

The Committee’s rapporteur, Erdogan Iscan, explained that the group approved its concluding observations under article 19 of the Convention and presented them in a report covering the period between May 14, 2022 and May 12, 2023.

Use of excessive force in Brazil

The president of the Committee, Claude Heller, stated that he had taken note of the political will of the Brazilian authorities to address issues of fundamental rights and commended the creation of the Ministry of Human Rights and Citizenship.

However, he expressed deep concern about the persistent use of excessive force, especially lethal force, by law enforcement officers and the military in the context of security operations to combat organized crime. Specifically, he referred to the serious human rights violations, including extrajudicial executions, torture, sexual violence and beatings, perpetrated predominantly against Afro-Brazilians during raids on favelas.

The group of experts called on the State to adopt urgent measures to put an end to the excessive use of force and lethal force by law enforcement officers and the military and urged various measures:

• demilitarize law enforcement activities
• strengthen independent oversight mechanisms with respect to all law enforcement entities
• ensure that all allegations of excessive use of force promptly and fairly investigated; that the alleged perpetrators are prosecuted and punished in proportion to the seriousness of their acts if found guilty, and that the victims or their families receive full reparation

Regarding the reports on the overcrowding in prisonsthe Committee requested the Brazilian authorities to eliminate it in all detention centers, resolve any deficiencies related to the general conditions of life in prison, and guarantee the continuity of medical treatment in prison.

It also urged the Brazilian State to thoroughly review existing laws and practices to address the root causes of the disproportionate rates of incarceration of Afro-Brazilianssuch as excessive surveillance, racial profiling, and systemic racial discrimination in law enforcement and other judicial bodies.

Protection of human rights defenders in Colombia

Regarding Colombia, Heller said that while he welcomes the country’s commitment to fully implement the 2016 Peace Agreement, the violence committed by non-state armed actors and criminal organizations in various areas is worrying.

In this sense, the Committee called on the Colombian authorities to redouble their efforts to eradicate said violence and adopt a action plan to dismantle armed organizations illegal that is in line with the recommendations of the Truth Commission.

The Committee also expressed concern about reports of acts of torture, both physical and psychological, and of mistreatment of peaceful protesters, human rights defenders and journalistsin addition to other serious violations allegedly committed by police officers and members of the Mobile Riot Squad in the peaceful protests of 2021, and urged Colombia to proceed promptly and investigate and prosecute those cases.

Likewise, it urged the authorities to protect all defenders of fundamental rights, social leaders and communicators from reprisals or attacks in the course of their activities, investigate all murders and attacks against them, and reinforce existing protection mechanisms. At this point, he acknowledged the ongoing efforts to formulate a comprehensive policy aimed at preventing risks that these people face.

It also expressed concern about the overcrowding and general living conditions in places of deprivation of liberty, and asked the State to adopt urgent measures in this regard.

Finally, it encouraged the Colombian authorities to complete the process of ratification of the Optional Protocol to the Convention against Torture and to establish an independent national monitoring body to prevent it.