DECREE NO. 6,085, OF April 19, 2007.

Promulga the Optional Protocol to the Convention against Torture and Other Cruel Treatment or Punishment, Desumanos or Degradants, adopted on December 18, 2002.

THE PRESIDENT OF THE REPUBLIC, in the use of assignment that confers you the art. 84, inciso IV, of the Constitution, and

Considering that by the Decree no 40, of February 15 of 1991, has been promulgated the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, of December 10, 1984;

Whereas the National Congress passed, by means of the Legislative Decree no 483, of December 20, 2006, the text of the Optional Protocol to the Convention against Torture and Other Treatments or Cruel, Inhuman or Degrading Treatments or Punishment, December 18, 2002;

Considering that Brazil deposited the instrument of ratification of the Protocol to the Secretary-General of the United Nations on January 11, 2007;

Whereas the Protocol entered into international force on June 22, 2006, and entered into force to Brazil on February 11, 2007;

DECRETA:

Art. 1st The Optional Protocol to the Convention against Torture and Other Cruel Treatment or Penas, Desumanos or Degradantes, adopted in New York on December 18, 2002, apensed by copy to the present Decree, will be executed and fulfilled as entirely as it contains.

Art. 2nd are subject to the approval of the National Congress any acts that may result in revision of the said Protocol or that carries charges or commitments gravy to the national heritage, in the terms of art. 49, inciso I, of the Constitution

Art. 3rd This Decree shall come into force on the date of its publication.

Brasilia, April 19, 2007; 186th of the Independence and 119th of the Republic.

LUIZ INACIO LULA DA SILVA

Celso Luiz Nunes Amorim

This text does not replace the one published in the DOU of 4/20/2007

OPTIONAL PROTOCOL TO THE CONVENTION AGAINST TORTURE AND

OTHER CRUEL, INHUMAN, OR DEGRADING TREATMENTS OR FEATHERS

PREÂMBCHAPTER

The States Parties to the present Protocol,

Restating that torture and other cruel, inhuman or degrading treatment or punishment are prohibited and constitute serious violation of human rights,

Convinced that additional measures are necessary to achieve the goals of the Convention against Torture and others Treatments or Cruel, Inhuman or Degrading Treatment or Punishment (henceforth called the Convention) and to strengthen the protection of private persons of freedom from torture and other cruel, inhuman or degrading treatment or punishment,

Recalling that Articles 2 and 16 of the Convention oblige each State-Part to take effective measures for prevent acts of torture and other cruel, inhuman, or degrading treatment or punishment in any territory under its jurisdiction,

Recognizing that states have the primary responsibility for the implementation of these Articles, which reinforce the protection of private persons of freedom, that complete respect for their human rights is shared responsibility shared among all and that international implementing bodies complement and reinforce national measures,

Recalling that the effective prevention of torture and other cruel, inhuman or degrading treatment or punishment requires education and a combination of legislative measures, administrative, judicial, and other,

Recalling also that the World Conference of Rights Humans firmly stated that efforts to eradicate torture should first and foremost focus on prevention and called for the adoption of an optional protocol to the Convention, designated to establish a preventive system of visits regular to detention centers,

Convinced that the protection of private persons from freedom from torture and other cruel inhuman or degrading treatment or punishment can be strengthened by non-judicial means of a preventive nature, based on regular visits to detention centres,

Wake up the following:

Part I

Principles General

Article 1

The aim of this Protocol is to establish a system of regular visits effected by national bodies and independent international to places where people are deprived of their liberty, with the intention of preventing torture and other cruel, inhuman or degrading treatment or punishment.

Article 2

1. A Subcommittee on the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment of the Committee against Torture (henceforth called the Prevention Subcommittee) is to be established and perform the functions set out in the present Protocol.

2. The Subcommittee on Prevention shall perform its duties at the milestone of the Charter of the United Nations and shall be guided by its principles and purposes, as well as by the United Nations standards concerning the treatment of persons deprived of their liberty.

3. Equally, the Subcommittee on Prevention should be guided by the principles of confidentiality, impartiality, non-selectivity, universality, and objectivity.

4. The Subcommittee on Prevention and States-States Parties shall cooperate in the implementation of this Protocol.

Article 3

Each State-Party shall designate or maintain at domestic level one or more visiting bodies entrusted with the prevention of torture and other cruel, inhuman or degrading treatment or punishment (henceforth called national preventive mechanisms).

Article 4

1. Each State-Party shall permit visits, in accordance with this Protocol, of the mechanisms referred to in Articles 2 and 3 a any place under its jurisdiction and control where persons are or may be deprived of their liberty, or by force of order given by public authority either under his incitement or with his permission or concordance (henceforth called detention centers). These visits should be undertaken with views to the strengthening, if necessary, of the protection of these people against torture and other cruel, inhuman or degrading treatment or punishment.

2. For the purposes of this Protocol, deprivation of liberty means any form of detention or imprisonment or placement of a person in public or private establishment of surveillance, from where, by force of court order, administrative or of another authority, she is not allowed to absent herself by her own volition.

Part II

Subcommittee on Prevention

Article 5

1. The Subcommittee on Prevention is to be made up of ten members. After the Fifteenth ratification or accession to this Protocol, the number of members of the Subcommittee on Prevention is expected to increase to twenty-five.

2. The members of the Subcommittee on Prevention are to be chosen among persons of high moral character, of proven professional experience in the field of administration of justice, in particular criminal law and penitentiary administration or police officer, or in the various fields relevant to the treatment of private persons of freedom.

3. In the composition of the Subcommittee on Prevention, consideration should be given due to the equestic geographical distribution and the representation of different forms of civilization and legal system of the member states.

4. In this composition consideration should be given due to gender balance, based on the principles of equality and non-discrimination.

5. There will be no two members of the National Prevention Subcommittee of the same state.

6. The members of the Subcommittee on Prevention should serve in their individual capacity, should be independent and impartial and should be accessible to serve effectively to the Subcommittee on Prevention.

Article 6

1. Each State-Party may indicate, in accordance with paragraph 2 of this Article, up to two candidates who possess the qualifications and comply with the requirements cited in Article 5, and shall provide detailed information on the qualifications of the named.

2. a) The nominees shall have the nationality of one of the States Parties to this Protocol;

( b) At least one of the two candidates must have the nationality of the State-Part that indicates it;

c) No more than two nationals of a State-Party must be nominated;

d) Before a State-Party indicates a national of another State-Party, it should seek and obtain the consent of that State-Party.

3. At least five months prior to the date of the meeting of the States Parties in which the elections will be held, the Secretary-General of the United Nations shall send a letter to the States Parties inviting them to submit their nominations in three months. The Secretary-General should submit a list, in alphabetical order, of all the persons indicated, informing the States Parties that have indicated them.

Article 7

1. The members of the Subcommittee on Prevention should be elected as follows:

a) It should be given primary consideration to the fulfilment of the requirements and criteria of Article 5 of this Protocol;

b) The initial elections should be held not beyond six months after the entry into force of this Protocol;

c) States-Parties should elect the members of the secret ballot-prevention Subcommittee;

d) The elections of the members of the Subcommittee on Prevention are to be held at a biennial meeting of the States-States Parties convened by the Secretary-General of the United Nations. In those meetings, whose quorum consists of two-thirds of the States-Parties, they shall be elected to the Subcommittee on Prevention those who obtain the highest number of votes and an absolute majority of votes from the representatives of the States Parties present and voters.

2. If during the election process two nationals of a State-Party are eligible to serve as a member of the Subcommittee on Prevention, the candidate receiving the highest number of votes will be elected a member of the Subcommittee on Prevention. When nationals will receive the same number of votes, the following procedures will apply:

( a) When only one is nominated by the State-Part of which is national, this national will be elected member of the Subcommittee on Prevention;

b) When the two candidates are nominated by the State-Part of which are national, separate voting, secret, should be carried out to determine which national should become a member;

c) When none of the candidates have been nominated by the State-Part of which are national, separate voting, secret, should be held to determine which candidate should be the member.

Article 8

If a member of the Subcommittee on Prevention dies or exonerates themselves, or any other reason prevents him from continuing his work, the State-Party that indicated the member should indicate other eligible who possess the qualifications and comply with the requirements laid down in Article 5, taking into account the need for appropriate balance between the various fields of competence, to serve until the next meeting of the States Parties, subject to the approval of the majority of the States Parties. The approval is to be considered given, unless half or more States Parties manifest unfavorably within six weeks after being informed by the UN Secretary General of the proposed indication.

Article 9

The members of the Subcommittee on Prevention will be elected for four-year term. They will be able to be re-elected once, if their applications are again submitted. The term of office of the half of the elected members in the first election expires after two years; immediately after the first election, the names of those members shall be assorted by the chairman of the meeting provided for in Article 7, paragraph 1, (d).

Article 10

1. The Subcommittee on Prevention is expected to elect its desk for a period of two years. The members of the table will be able to be re-elected.

2. The Subcommittee on Prevention is expected to establish its own regiment. This regiment should determine that, inter alia:

a) The quorum will be half of the members one more;

b) The decisions of the Subcommittee on Prevention will be taken by a majority of votes of the members present;

c) The Subcommittee on Prevention is expected to meet behind closed doors.

3. The Secretary-General of the United Nations is expected to convene the initial meeting of the Subcommittee on Prevention. After that initial meeting, the Subcommittee on Prevention is expected to meet on the occasions provided for by its regiment. The Subcommittee on Prevention and the Committee against Torture are expected to convene their sessions simultaneously at least once a year.

Part III

Mandate of the Subcommittee on Prevention

Article 11

The Subcommittee on Prevention should:

a) Visit the places referred to in Article 4 and make recommendations to the States Parties regarding the protection of private persons of freedom from torture and other cruel, inhuman or degrading treatment or punishment;

b) In what concerne the mechanisms National Preventive:

(i) Advising and assisting States-Parties, when necessary, in the establishment of these mechanisms;

(ii) Maintain directly, and if necessary in a way confidential, contacts with the national preventive mechanisms and offer training and technical assistance with views to strengthen their capacity;

(iii) Advice and assist them in the assessment of their needs and whatever it takes to strengthen the protection of people deprived of freedom from torture and other cruel, inhuman or degrading treatment or punishment;

(iv) Make recommendations and observations to States-Parties with a view to strengthening the capacity and mandate of national preventive mechanisms for the prevention of torture and other cruel, inhuman or degrading treatment or punishment;

c) Cooperate for the prevention of torture in general with the relevant organs and mechanisms of the United Nations, as well as with international, regional or national organizations or bodies that work to strengthen the protection of all persons against torture and other cruel, inhuman or degrading treatment or punishment.

Article 12

In order for the Prevention Subcommittee to be able to fulfill its mandate in the terms described in Article 11, the States Parties should:

a) Receive the Prevention Subcommittee on its territory and franqueared access to detention centers, as defined in Article 4 of this Protocol;

b) Provide all relevant information that the Prevention Subcommittee requests to assess the needs and measures that should be adopted to strengthen the protection of private persons of freedom from torture and other cruel, inhuman or degrading treatment or punishment;

c) Encourage and facilitate contacts between the Subcommittee on Prevention and the preventive mechanisms national;

d) Examine the recommendations of the Subcommittee on Prevention and with it engaging in dialogue on possible implementation measures.

Article 13

1. The Subcommittee on Prevention should establish, initially by drawing up, a program of regular visits to the States Parties for the purpose of putting in place their mandate in the terms set out in Article 11.

2. After proceeding with consultations, the Subcommittee on Prevention should notify the States Parties of its program so that they can, without delay, make the necessary practical arrangements for the visits to be carried out.

3. The visits are to be held by at least two members of the Subcommittee on Prevention. Those members should be accompanied, if necessary, by experts who demonstrate professional experience and knowledge in the field covered by this Protocol, which should be selected from a list of experts prepared with bases in the proposals made by the States Parties, by the Office of the United Nations High Commissioner for Human Rights and by the United Nations International Center for the Prevention of Crimes. To draw up the list of experts, interested States Parties should propose no more than five national experts. The State-Party concerned may object to the inclusion of some specific expert in the visit; in this case the Subcommittee on Prevention should nominate another expert.

4. The Subcommittee on Prevention will be able to propose, if it considers appropriate, short follow-up visit of previous regular visit.

Article 14

1. In order to enable the Subcommittee on Prevention to fulfill its mandate, the States Parties to this Protocol undertake to grant it:

a) Unrestricted access to all information regarding the number of persons deprived of freedom in detention centres as defined in Article 4, as well as the number of centres and their location;

b) Unrestricted access to all information regarding the treatment of those people as well as the conditions of their detention;

c) Subject to para. 2, hereafter, unrestricted access to all detention centers, their facilities and equipment;

d) Opportunity to interview privately with private persons of freedom, without witnesses, either personally or with interpreter, if deemed necessary, as well as with any other person that the Subcommittee on Prevention believes can provide relevant information;

e) Freedom from choosing the places you intend to visit and the people you want to interview.

2. Objections to visits to some particular place of detention may only be made with urgent and imperious grounds connected to national defence, public security, or some natural disaster or serious disorder in place to be visited that temporarily prevent the realization of that visit. The existence of a declaration of a state of emergency should not be relied upon by a State-Party as a reason for objecting a visit.

Article 15

None authority or public servant shall order, enforce, permit or tolerate any penalty against any person or organization for there being communicated to the Subcommittee on Prevention or to its members any information, true or false, and none of these persons or organizations should be in any other way impaired.

Article 16

1. The Subcommittee on Prevention should communicate its recommendations and observations confidentially to the State-Party and, if it is the case, to the national preventive mechanism.

2. The Subcommittee on Prevention is expected to publish its reports, in conjunction with any comment from the State-Party concerned, when requested by the State-Party. If the State-Party is part of the public report, the Subcommittee on Prevention will be able to publish the report in full or in part. In the meantime, no personal data is to be published without the express consent of the person concerned.

3. The Subcommittee on Prevention is expected to submit an annual public report on its activities to the Committee against Torture.

4. Should the State-Party refuse to cooperate with the Subcommittee on Prevention pursuant to Articles 12 and 14, or to take the measures to improve the situation in light of the recommendations of the Subcommittee on Prevention, the Committee against Torture may, at the request of the Subcommittee on Prevention, and after the State-Party has the opportunity to make its submissions, decide, by the majority of members ' votes, make statement about the problem or publish the report of the Subcommittee on Prevention.

Part IV

Preventive national mechanisms

Article 17

Each State-Party shall maintain, designate or establish, within a year of the entry into force of this Protocol or of its ratification or accession, one or more independent national preventive mechanisms for the prevention of torture at a domestic level. Mechanisms established through decentralized units could be designated as national preventive mechanisms for the purposes of this Protocol if they are in compliance with their provisions.

Article 18

1. States-Parties should ensure the functional independence of national preventive mechanisms as well as the independence of their personnel.

2. The States Parties shall take the necessary measures to ensure that experts from national preventive mechanisms have the necessary skills and professional knowledge. They should seek gender balance and appropriate representation of the ethnic groups and minorities in the country.

3. The States Parties undertake to make available all the resources necessary for the operation of national preventive mechanisms.

4. By establishing the national preventive mechanisms, should the States Parties have due regard to the Principles regarding? status? of national institutions for promotion and protection of human rights.

Article 19

The national preventive mechanisms should be coated in the minimum of competencies for:

a) Examine regularly the treatment of people deprived of their freedom, in detention center as per the definition of Article 4, with views to strengthen, if necessary, its protection from torture and other cruel, inhuman or degrading treatment or punishment;

b) Make recommendations to the relevant authorities with the aim of improving the treatment and conditions of the people deprived of freedom and that of preventing torture and other cruel, inhuman or degrading treatment or punishment, taking into consideration the relevant standards of the United Nations;

c) Submit propositions and observations regarding existing or in-project legislation.

Article 20

In order to enable the national preventive mechanisms to comply with their mandate, the States Parties to this Protocol commit themselves to grant them:

a) Access to all information regarding the number of private persons of freedom in detention centres as per defined in Article 4, as well as the number of centres and their location;

b) Access to all information regarding the treatment of those people as well as to the conditions of their detention;

c) Access to all detention centres, their facilities and equipment;

d) Opportunity to interview privately with private persons of freedom, without witnesses, either personally or with interpreter, if deemed necessary, as well as with any other person who the national preventive mechanisms believe can provide relevant information;

e) Freedom to choose the places they intend to visit and the people they want to interview;

f) Right to keep in contact with the Subcommittee on Prevention, send you information and meet with it.

Article 21

1. No authority or public servant should order, enforce, permit or tolerate any sanction against any person or organization for there being communicated to the national preventive mechanism any information, true or false, and none of these persons or organizations should be in any other way impaired.

2. Confidential information obtained by the national preventive mechanisms should be given preference. No personal data is to be published without the express consent of the person in question.

Article 22

As competent authorities of the State-Party concerned should examine the recommendations of the national preventive mechanism and with it engaging in dialogue on possible implementation measures.

Article 23

The States Parties to this Protocol commit themselves to publish and disseminate the annual reports of national preventive mechanisms.

Part V

Declaration

Article 24

1. On the occasion of ratification, States Parties shall be able to make a declaration that postpones the implementation of their obligations under Part III or Part IV of this Protocol.

2. Such adjournment shall be valid for the maximum of three years. After duly formulated representations by the State-Party and after consultations to the Subcommittee on Prevention, the Committee against Torture may extend that period for another two years.

Part VI

Financial provisions

Article 25

1. The expenses incurred by the Sub-Committee on Prevention in the implementation of this Protocol are to be borne by the United Nations.

2. The Secretary-General of the United Nations shall provide the necessary personnel and facilities for the effective performance of the functions of the Subcommittee on Prevention under this Protocol.

Article 26

1. A Special Fund shall be established in accordance with the relevant procedures of the General Assembly, to be administered in accordance with the financial regulation and the financial management rules of the United Nations, to help finance the implementation of the recommendations made by the Subcommittee on Prevention after the visit to a State-Party, as well as educational programs of the national preventive mechanisms.

2. The Special Fund could be financed by voluntary contributions made by Governments, intergovernmental and nongovernmental organizations and other public or private entities.

Part VII

Purpose provisions

Article 27

1. This Protocol is open to the signature of any State which has signed the Convention.

2. This Protocol shall be subject to ratification by any State which has ratified the Convention or acceded to it. The instruments of ratification are to be deposited with the Secretary-General of the United Nations.

3. This Protocol shall be open to the accession of any State which has ratified the Convention or acceded to it.

4. Membership is to be effected by filing an instrument of accession with the Secretary-General of the United Nations.

5. The Secretary-General of the United Nations shall inform all States that they have signed the present Protocol or acceded to it on the deposit of each instrument of ratification or accession.

Article 28

1. The present Protocol shall enter into force on the thirtieth day after the date of the deposit, together with the Secretary-General of the United Nations, of the twentieth instrument of ratification or accession.

2. For each State ratifying the present Protocol or acceding to it after the deposit with the Secretary-General of the United Nations of the twentieth instrument of ratification or accession, the present Protocol shall enter into force on the thirtieth day after the date of the deposit of its own instrument of ratification or accession.

Article 29

The provisions of this Protocol should cover all parts of the federal states without any limitations or exceptions.

Article 30

It will not be admitted any reservation to this Protocol.

Article 31

The provisions of this Protocol should not affect the obligations of the States Parties under any regional treaty setting up a system of visits to detention centres. The Subcommittee on Prevention and the organs established under such regional treaties are encouraged to cooperate with views to avoid duplicities and to effectively promote the objectives of this Protocol.

Article 32

The provisions of this Protocol should not affect the obligations of States Parties to the four Geneva Conventions of August 12, 1949, and their Protocols Additional June 8, 1977, nor the opportunity available to each State Party-Part of authorizing the International Committee of the Red Cross to visit detention centres in situations not provided for by international humanitarian law.

Article 33

1. Any State-Party may denounce this Protocol at any time by means of written notification addressed to the Secretary-General of the United Nations, which shall then inform the remaining States Parties to this Protocol and the Convention. The denunciation shall take effect one year after the date of receipt of the notification by the Secretary-General.

2. Such denunciation shall not have the effect of releasing the State-Part of its obligations under this Protocol regarding any act or situation that may occur prior to the date on which the complaint surges effects, or of the actions that the Subcommittee on Prevention has decided or may decide to take in relation to the State-Party in question, nor should the complaint prejudice in any way the further consideration of any matter already under consideration of the Subcommittee on Prevention before the date on which the denunciation surges effects.

3. After the date on which the complaint of the State-Party is to take effect, the Subcommittee on Prevention shall not initiate the consideration of any new matter in relation to that State.

Article 34

1. Any State-Part of this Protocol may propose to amend and file it with the Secretary-General of the United Nations. The Secretary-General should then communicate the proposed amendment to the States Parties to this Protocol with a request that they notify him if they support a conference of States Parties for the purpose of considering and voting on the proposal. If, in the four months from the date of the said communication, at least one-third of the States Parties support the conference, the Secretary-General should convene the conference under the auspices of the United Nations. Any amendment adopted by a two-thirds majority of the States Parties present and voting at the conference is to be submitted by the Secretary-General of the United Nations to all States Parties for acceptance.

2. The amendment adopted in accordance with paragraph 1 of this Article shall come into force when it has been accepted by a two-thirds majority of the States Parties to this Protocol in accordance with their respective constitutional processes.

3. When the amendments enter into force, they should be mandatory only for those States-Parties that have accepted them, by being the remaining States Parties obliged to the provisions of this Protocol and any previous amendments that they have accepted.

Article 35

The members of the Subcommittee on Prevention and national preventive mechanisms should have recognized the privileges and immunities necessary for the independent exercise of their functions. The members of the Subcommittee on Prevention should have recognized the privileges and immunities specified in section 22 of the Convention on the Privileges and Immunities of the United Nations of February 13, 1946, subject to the provisions of section 23 of that Convention.

Article 36

When visiting a State-Party, the members of the Subcommittee on Prevention should, without prejudice to the provisions and purposes of the present Protocol and the privileges and immunities of which they can enjoy:

a) Respect the laws and regulations of the State visited;

b) Abster yourself from any incompatible action or activity with the impartial and international nature of its obligations.

Article 37

1. This Protocol, whose texts in Arabic, Chinese, Spanish, French, English and Russian are equally authentic, should be deposited with the Secretary-General of the United Nations.

2. The Secretary-General of the United Nations shall send certified copies of this Protocol to all States.