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V. EXCESSIVE USE OF CELL CONFINEMENT
Physical abuse is not the only human rights violation suffered by children in detention. Upon entering a detention facility, children are routinely confined to their cells for five days or more with no opportunity for exercise or other activity. Euphemistically described as a period of "observation," "orientation," "evaluation and integration," or, in one detention center, "therapeutic confinement," cell confinement is rarely used for any of these purposes. Cell confinement is also used as the primary formal disciplinary measure. Human Rights Watch found that most detention centers have no clear standards or procedures for the use of cell confinement as a disciplinary measure, and there appear to be no limits on the length of time that children may be confined to their cells. 107 In the Espaço Recomeço detention center in Pará, for example, we spoke to youths who had been held in cell confinement for more than two months. In the state of Amazônas, children reported that they had been placed in cell restriction for up two fifteen days. In contrast, detention facilities in the state of Amapá now limit disciplinary cell confinement to forty-eight hours. The distinction between confinement for "observation" and disciplinary confinement is often blurry, and youths and guards alike commonly used the same word, contenção, to describe both forms of cell confinement. Where children are housed during periods of cell confinement varies from center to center, with some placing children in punishment cells and others restricting children to their normal living quarters. Some children reported that they were completely isolated from other youths during this time. Others told us that they were confined in cells with other children. While in cell confinement, the activities that youths are permitted to take part in-and consequently the length of time they are physically out of their cells each day-varies widely. Cell restriction can have a significant adverse effect on a youth's emotional well-being, particularly when he or she is confined for lengthy periods of time. "For me, the worst thing was being in isolation," Patrícia D. told us. "I was very sad. I stayed there a long time, more than a month inside there without leaving or anything. . . . For me, that was the worst."108 Whether used as a punishment or as an introduction to detention, prolonged cell restriction runs counter to international standards, which emphasize children's need for "sensory stimuli [and] opportunities for association with peers."109 As Patrícia D.'s case illustrates, cell restriction can inflict mental suffering on children. In some circumstances, particularly when children are confined in close quarters for extended periods of time, cell restriction may constitute cruel, inhuman, or degrading treatment, in violation of international law. Cell Confinement for "Observation"
Staff in the Espaço Recomeço detention center initially told us that children were confined to their cells for no more than five days. "The period of observation is five days. It's a question of security. The maximum is five days," they said.111 Nevertheless, children consistently told us that it was used for much longer periods, especially for youths who had escaped and returned to the detention centers after being caught. "I went into cell confinement. I stayed there more than a week when I arrived," said Henrique O. "That was for observation. It's one week if you're new and one month if you've escaped. I was in the annex that's part of CIAM [the boys' pretrial detention center]. It was just me in the cell."112 Tobias V., seventeen, told us, "When I came here, I spent five days in cell confinement. That's not including the weekend."113 Lucas G. said, "I stayed in confinement for eight days [on arrival]. It's a rule here."114 Espaço Recomeço detention center staff eventually conceded that periods of observation "can last more than five days. If the adolescent is a risk to himself or to other adolescents, it can continue." When pressed, they told us that they confined many youths to their cells for up to fifteen days at the beginning of their time in detention and for periods between fifteen and thirty days if they had made an escape attempt.115 During this time, youths in the Espaço Recomeço are subject to the same restrictions as youths confined for disciplinary reasons. "You spend five days locked in a cell," Henrique O. said.116 "You can't leave for recreation," said Tobias V.117 Youths are confined to cells in the general housing areas; that is, they are not held in a separate area and then moved to their regular cells once the period of cell confinement is over. "It's in the same cell, only that you can't leave," Lucas G. said.118 Youths in pretrial detention and in the girls' detention center in Pará generally reported that they were confined for shorter periods of time than youths we heard from in the Espaço Recomeço detention center. In the boys' pretrial detention center, "observation is five days," said Henrique O. "You spent five days locked up, with the door bolted. The cells in CIAM [the boys' pretrial detention center] are small."119 Graça Q., a seventeen-year-old in the girls' detention center, told us, "I went into cell confinement on the first day. I spent three days in confinement."120 But Iolanda D., also in the girls' detention center in Pará, told Human Rights Watch, "The first day I arrived, they searched me and then put me in confinement. I spent eighteen days there, in confinement, just me. I couldn't do anything. I couldn't leave. No classes, just to see the doctor. Classes were only afterwards, not during cell confinement." Asked why she was placed on cell confinement, she replied, "It's because all of the adolescents go into cell confinement after they arrive."121 In Amapá, Lincoln E., told us that when he entered the Aninga detention center in February 2001, "The first day I stayed in a cell. I spent five days in the cell." Unlike youths in Pará's detention centers, he was able to leave his cell during this period for classes and other activities.122 However, we heard from Patrícia D., detained in Aninga from August 2000 to May 2001, that when she was placed in cell confinement at the beginning of her stay at the facility, "There weren't even classes. They locked me up. It was a week maybe. They left me there."123 Detention officials in Maranhão told us that youths are kept apart from the rest of the detainee population for fifteen days upon entering the facility. "We have therapeutic confinement," said José Asenção Fonseca, director of the Esperança Youth Center in São Luís. "The adolescent doesn't stay in isolation. While he's evaluated, he participates in activities. He remains alone, but he isn't kept isolated."124 "Therapeutic confinement provides a gradual introduction to the center," Dione Pereira explained. "We don't have isolation. We don't use physical force. We don't take away recreation or leisure activities."125 Because of the timing of our visit, we were not able to interview youths in the Esperança Youth Center to corroborate these official accounts. In Amazônas, Hefranio Maia, the deputy director of the Dagmar Feitoza detention center in Manaus, told us that youths spend a period of observation in Unit Zero. "The period of time is fifteen days . . . . It depends on the their situation. Sometimes they can spend a little longer there," he said.126 Paulo R., a ninteen-year-old who had spent nearly three years in the center at the time of our interview, told us that he spent a week in Unit Zero when he arrived. "We went out for activities, and we studied," he said. He reported that an instructor met with him that week to determine his grade level.127 It is unclear that detention centers actually use the initial period of cell confinement for the stated purpose of observation and evaluation. When we asked Tobias V. why he was confined to his cell for five days upon entry, he replied, "I don't know. Because the director ordered it."128 In a comment typical of those we heard from youths, Henrique O. told us that in the pretrial detention center in Pará, "There's observation for five days, but the staff doesn't see you during the five days. Afterward they come to talk to you."129 The federal Chamber of Deputies' Commission on Human Rights has sharply criticized the practice of confining youths to their cells upon entry into a detention center. After inspecting the girls' detention center in Pará, it concluded that the practice of placing girls in cell confinement upon arrival amounted to the infliction of "a new sentence, this time extrajudicial, that increases the severity of that already imposed by the judicial authority." The commission's report noted:
Cell Confinement as a Disciplinary Measure
"The punishment here is cell confinement," said Tobias V., a seventeen-year-old in the Espaço Recomeço detention center in Pará. "If you fight with another adolescent or you get involved in a conflict, you get confinement for fifteen days. If it's serious, you get a month."131 Henrique O. was on cell confinement three times while he was in the Espaço Recomeço detention center. "The first time was for one week, and the rest were for fifteen days. Each of the three times, I stayed in the annex."132 We spoke to other youths in the detention center who had been confined to their cells for more than two months.133 Pará's pretrial detention center for boys, the Centro de Internação de Adolescentes Masculino (CIAM), and its girls' detention center, the Centro de Internação de Adolescentes Feminino (CIAF), also used cell confinement as their primary form of discipline. Graça Q., in the girls' detention center, told us, "I spent fifteen days in confinement. It's a rule that you can't fight or threaten [others]. They thought I was fighting."134 Henrique O. said, "if you commit an infraction, you get three days of confinement."135 "They told me not to fight, not to smoke, all the things you can't do, or you get detention-confinement," said Edison L., a fifteen-year-old in the boys' pretrial detention center. "You get three days of confinement usually."136 In Maranhão, officials with the state Foundation of the Child and the Adolescent (Fundação da Criança e do Adolescente) stated that cell confinement was used as a disciplinary measure for up to two days. "They receive medical and psychological attention and schooling," said José Asenção Fonseca, director of the Esperança Youth Center in São Luís. When we asked him how long they remain in their cells, he replied, "They receive a minimum of two hours outside of their cells each day." He told us that youths on cell confinement receive visits that are of the same length as those given to other detainees.137 When we asked Maria Ribeiro, the Amapá official who described cell confinement as "inhumane," why it was so widely used, she replied, "Everybody is used to this system of cell confinement."138 She told us, "Last year, we decided to end its use. We had an extremely difficult period afterward, a period of chaos for three months or so. We had to rethink the situation a little and return to observation. The adolescent remains in his own room. He has the right to school, to study. He leaves his room for school but doesn't do other activities. Vocational training, yes, we also guarantee that. The period of observation is twenty-four hours, or at the maximum forty-eight hours."139 Most youths held in the Aninga detention center in Amapá described twenty-four or forty-eight-hour periods of cell confinement that matched official accounts. Terence M., who spent ten months in Aninga in 2001, told us, "They had `observation' for twenty-four or forty-eight hours. Twenty-four hours was for when you didn't go to school, a light offense. Forty-eight hours was for something serious, like fighting," he said. "I was in `observation' a few times, only once for forty-eight hours, the rest of the times for twenty-four."140 "You go to observation if you don't go to class," said Lucas G., in Aninga since October 2001.141 Lincoln D., who had been in Aninga for over a year at the time of our interview, also told us that fights were punished by cell confinement of twenty-four or forty-eight hours, depending on the seriousness of the offense.142 But Josefina S., a seventeen-year-old who had been in Aninga for nine months at the time of our interview, said that she was told that she would be placed on cell confinement for a much longer period of time if she misbehaved. "You stay in `observation' for ten days if it's a serious offense. If it's not serious, it's just two days."143 Patrícia D. told us that she spent two periods on cell confinement, the first time from September to November 2000 and again for a shorter time in January 2001. "It was three months that I spent in confinement," she said. "It was because I was very rebellious. I fought a lot. That was my punishment-they left me in confinement."144 Some detention centers place children in punishment cells, where they are subjected to particularly difficult conditions. In the Espaço Recomeço detention center, youths are held either in a punishment cell located immediately left of the infirmary in the administration block or in the annex, which is a cell block that is part of the boys' pretrial detention complex next door. In the boys' pretrial detention center in Pará, most youths who had been placed on cell confinement reported that they were moved to the oldest wing of the facility. Youths in the Dagmar Feitoza detention center in Amazônas reported that those who committed disciplinary infractions are moved to a wing known as Unit Zero, which is also used for incoming detainees.145 Girls in Amazônas' Marise Mendes detention center served periods of disciplinary cell confinement in small, dark, and airless punishment cells.146 And in the boys' detention center in the state of Rondônia, our researcher spoke to seven youths who were crowded into a small, filthy punishment cell.147 The Espaço Recomeço detention center's punishment cell held four youths on the day we visited the center. When we spoke to them through the bars before our interview with the warden, they told us that they were restricted to the cell. When we later asked the warden about this cell, he told us, "They're not confined."148 Behind him, the youths shook their heads to indicate that they disagreed with what he was saying. When we interviewed him later, Jaime R. told us that he and the other youths were in confinement as punishment for being involved in fights. He had been in the cell for one month. During that time, the cell had held up to six youths. The cell had two bunk beds without mattresses and a hammock. "When there are six here, two have to share a bed," he told us.149 Flávio M., age seventeen, told us that he spent one week in this cell while he was in the Espaço Recomeço. "It was a cell near the administration. There were three of us in the cell," he said. "I spent one week in the cell without leaving."150 There were nine youths in the Espaço Recomeço detention center annex on the day that we visited. Most were housed two to a cell; some had cells to themselves. Gilson R., age sixteen, had been held in the annex for approximately forty-five days when we spoke with him at the beginning of April 2002. He was sent to the annex after an unsuccessful escape attempt during a rebellion in February. "We can only leave the cell for fifteen minutes of sun every day," he told us; during those fifteen minutes, he is able to walk up and down the open-air corridor but cannot leave the cellblock.151 "You spend all your time locked up," said Henrique O. "They don't let you out for sun."152 Romão S., who spent two and a half months in the Espaço Recomeço detention center annex in 2001, described it as having "the worst conditions there are." He told us that the only time he had out of his cell was fifteen or twenty minutes each morning. "It varied, depending on the guard, how much time we were out of the cell." He told us that he did not leave the annex during his time on cell restriction.153 Youths in cell confinement in the Espaço Recomeço are able to receive family visits, but often for a shorter time than other detainees. "The visits aren't suspended, but the normal visits are two hours and for those in confinement they're thirty minutes," said Tobias V.154 Youths in the annex receive visits in the corridor outside their cell. Gilson R. told us that he is able to receive visits in the annex every Sunday, but he is not allowed to leave his cell during that time.155 Youths held in the boys' pretrial detention center in Pará reported that they are usually held in the oldest wing of the facility while on cell confinement. "I spent three days in confinement in the old wing, the old building," said Flávio M.156 Occasionally, they are held in the annex, the cell block that was used for detainees from the Espaço Recomeço detention center at the time of our visit. Fourteen-year-old Edgar B. told us, "I spent an entire night there. I took a piece of newspaper, and a monitor saw me. He put me in confinement, in the cells where the people from EREC [the Espaço Recomeço detention center] are. Those are the older kids, the big ones, like seventeen, big."157 Before the Esperança Youth Center moved to a new facility, children were held in cell confinement in a punishment cell that was located in an outbuilding far from the main housing block, according to the nongovernmental Marcos Passerini Center for the Defense of Children and Adolesents. "It certainly existed," said Francisco Lemos, a staff attorney with the group. "We didn't succeed in getting official information about it, but the children told us that it was so." Children typically reported being placed in the cell for five days at a time, he said.158 At least some youths were not allowed to attend classes during the time they were confined to their cells. "You can't do anything," said Inês F., a fourteen-year-old in the girls' detention center. "There aren't any activities. They bring you your meals." She told us that she was not able to attend classes during the fifteen days she spent in confinement.159 But Edison L., held in the boys' pretrial detention center, told us, "No recreation, but you do get to study."160 And in the Dagmar Feitoza detention center in Amazônas, Paulo R. told us that youths who received disciplinary cell confinement were able to attend classes and have visits, although they could not participate in other activities.161 Similarly, Gilberto S. told us that "you can't leave for sports, just for education."162 None of the detention centers that used confinement as a disciplinary measure could provide us with a list of infractions and the sanctions for them. Officials at every center told us that they gave youths a verbal summary of the rules, and most children were able to recite two or three basic rules against fighting, damaging the property, and the like. In a typical description of an institition's rules as the youths understand them, Lucas G. told us, "I didn't get anything written. There was a presentation. They told me I could have visits, don't fight, don't get involved in conflicts."163 We were particularly troubled by the length of time youths may be held in cell confinement in the Espaço Recomeço detention center and the apparent absence of any limitations on this status. "There is no specific period of time in isolation," Raimundo Monteiro, the director of the center, told us.164 We were also troubled to learn that at the Espaço Recomeço detention center and elsewhere, decisions to place a youth in cell confinement are subject to no meaningful review and offer youths little or no opportunity to be heard in their own defense. "The initial decision to place a youth in confinement is taken by the monitor, who calls the professional staff to advise him or her of the situation, along with the management. The decision is made by the director and the professional team," Monteiro told us. When we asked him who reviewed such decisions, he replied, " The same ones who decide; it's the same group who reviews."165 Although Monteiro claimed that he and the professional team "generally . . . call the adolescent" during their review of cases of youths placed on cell confinement,166 we found no evidence that they afforded youths an opportunity to be heard at any point. For example, when we asked Tobias V. if there was a hearing or the opportunity to appeal, he replied, "No. Only for good behavior can you get out before [the fifteen-day period]."167 Similarly, Gilson R. told us that he did not have a hearing before being placed in confinement. "They didn't call me to talk to me," he said. 168 This failure to afford youths a hearing in the disciplinary process was not unique to the Espaço Recomeço detention center. Graça Q. told us that there was no appeal from a decision to place a youth on cell confinement in the girls' detention center in Pará.169 We heard similar accounts from youths in nearly every detention center we visited. The only centers that did not rely on lengthy periods of cell confinement as disciplinary measures were the Centro Sócio-Educativo Masculino (CESEM), the least restrictive of the detention facilities in Pará, and the semilberty facility we visited in Amapá. The director of CESEM told us that youths are only restricted to their rooms for one or two hours. CESEM's staff tell detainees that they can be returned to the Espaço Recomeço detention center if they misbehave. "We talk with them. If that doesn't work, they know they could be sent back," she said. When we asked her whether the detention center actually transferred youths for disciplinary reasons, she replied, "In an extreme case, yes." She said that two youths had been returned in the year prior to our visit.170 In the semiliberty facility in Amapá, youths and staff told us that youths may lose activities if they commit disciplinary infractions. "They take away activities, if it [the infraction] is very serious. They give a warning usually," said Gustavo B., a sixteen-year-old.171 The facility allows many of its detainees to spend weekends with family members, telling youths that they will lose these privileges if they misbehave. "It's better to follow the rules than to have to sleep in the cells" on weekends, Jacó G. told us.172 Legal Standards
In addition, disciplinary sanctions should be imposed in strict accordance with established norms, which should identify conduct constituting an offense, delineate the type and duration of sanctions, and provide for appeals.180 Youths should have the opportunity to be heard in their own defense before disciplinary sanctions are imposed and on appeal.181 When these standards are not met, particularly when children are confined in close quarters for extended periods of time, cell restriction may constitute cruel, inhuman, or degrading treatment, in violation of the Convention on the Rights of the Child, the International Covenant on Civil and Political Rights, and the Convention against Torture.182 107 For adult prisoners, Brazilian law provides that disciplinary isolation may last no more than thirty days. See Lei de Execução Penal, art. 53. 108 Human Rights Watch interview, Santana, Amapá, April 16, 2002. 109 U.N. Rules for the Protection of Juveniles, art. 32. 110 Human Rights Watch interview with Raimundo Monteiro, April 8, 2002. 111 Human Rights Watch interview, Centro de Internação Espaço Recomeço, Ananideua, Pará, April 12, 2002. 112 Human Rights Watch interview, Centro Sócio-Educativo, Ananideua, Pará, April 12, 2002. 113 Human Rights Watch interview, Centro de Internação Espaço Recomeço, Ananideua, Pará, April 8, 2002. 114 Human Rights Watch interview, Centro de Internação Espaço Recomeço, Ananideua, Pará, April 8, 2002. 115 Human Rights Watch interview with Centro de Internação Espaço Recomeço staff, Ananideua, Pará, April 12, 2002. 116 Human Rights Watch interview, Centro de Internação Espaço Recomeço, Ananideua, Pará, April 8, 2002. 117 Human Rights Watch interview, Centro de Internação Espaço Recomeço, Ananideua, Pará, April 8, 2002. 118 Human Rights Watch interview, Centro de Internação Espaço Recomeço, Ananideua, Pará, April 8, 2002. 119 Human Rights Watch interview, Centro Sócio-Educativo Masculino, Ananideua, Pará, April 12, 2002. 120 Human Rights Watch interview, Centro de Internação de Adolescentes Femenino, Ananideua, Pará, April 11, 2002. 121 Human Rights Watch interview, Centro de Internação de Adolescentes Feminino, Ananideua, Pará, April 11, 2002. 122 Human Rights Watch interview, Macapá, Amapá, April 16, 2002. 123 Human Rights Watch interview, Santana, Amapá, April 16, 2002. 124 Human Rights Watch interview with José Fonseca, April 19, 2002. 125 Human Rights Watch interview with Dione Pereira, April 19, 2002. 126 Human Rights Watch interview with Hefranio Maia, subdirector, Centro Sócio-Educativo Assistente Social Dagmar Feitoza, Manaus, Amazônas, April 22, 2002. 127 Human Rights Watch interview, Centro Sócio-Educativo Assistente Social Dagmar Feitoza, Manaus, Amazônas, April 22, 2002. 128 Human Rights Watch interview, Centro de Internação Espaço Recomeço, Ananideua, Pará, April 8, 2002. 129 Human Rights Watch interview, Centro Sócio-Educativo Masculino, Ananideua, Pará, April 12, 2002. 130 "Chama a atenção que se aplique, também aqui, a medida de isolamento em cela de contenção - pelo prazo limite de 15 dias - quando da entrada na casa. Trata-se de uma nova sentença, desta vez extrajudicial, que agrava aquela já proferida pela autoridade judiciária. Segundo o direitor da unidade, a medida de contenção tem por objetivo `avaliar' o perfil da novata. A medida, não obstante, nos parece absolutamente contraproducente e desnecesária, além de ilegal. Um bom profissional de psicologia pode em uma entrevista rigorosa desvendar completamente o `perfil' da interna, oferecendo aos técnicos e à direção todas as recomendações e cuidados necessários para a aplicação individualizada de medida de natureza socioeducativa. O isolamento forçado e arbitrário pode estimular reações de contrariedade e agressividade ou, por outro lado, induzir a quadros depressivos." Comissão de Direitos Humanos, IV Caravana Nacional de Direitos Humanos, pp. 36-37. 131 Human Rights Watch interview, Centro de Internação Espaço Recomeço, Ananideua, Pará, April 8, 2002. 132 Human Rights Watch interview, Centro Sócio-Educativo Masculino, Ananideua, Pará, April 12, 2002. 133 Human Rights Watch interviews, Centro de Internação Espaço Recomeço, Ananideua, Pará, April 8, 2002. 134 Human Rights Watch interview, Centro de Internação de Adolescentes Femenino, Ananideua, Pará, April 11, 2002. 135 Human Rights Watch interview, Centro Sócio-Educativo Masculino, Ananideua, Pará, April 12, 2002. 136 Human Rights Watch interview, Centro de Internação de Adolescentes Masculino, April 9, 2002. 137 Human Rights Watch interview with José Fonseca, April 19, 2002. 138 Human Rights Watch interview with Maria Ribeiro, April 16, 2002. 139 Human Rights Watch interview with Maria Ribeiro, April 15, 2002. 140 Human Rights Watch interview, Macapá, Amapá, April 15, 2002. 141 Human Rights Watch interview, Macapá, Amapá, April 16, 2002. 142 Human Rights Watch interview, Macapá, Amapá, April 16, 2002. 143 Human Rights Watch interview, Santana, Amapá, April 16, 2002. 144 Human Rights Watch interview, Santana, Amapá, April 16, 2002. 145 Human Rights Watch interview, Centro Sócio-Educativo Assistente Social Dagmar Feitoza, Manaus, Amazônas, April 22, 2002. 146 Human Rights Watch interviews, Centro Sócio-Educativo Marise Mendes, Manaus, Amazônas, April 22, 2002. 147 Human Rights Watch interviews, Casa do Adolescente, Porto Velho, Rondônia, April 24, 2002. 148 Human Rights Watch interview with Raimundo Monteiro, April 8, 2002. 149 Human Rights Watch interview, Centro de Internação Espaço Recomeço, Ananideua, Pará, April 8, 2002. 150 Human Rights Watch interview, Centro Juvenil Masculino, Ananideua, Pará, April 8, 2002. 151 Human Rights Watch interview, Centro de Internação Espaço Recomeço annex, Ananideua, Pará, April 8, 2002. 152 Human Rights Watch interview, Centro Sócio-Educativo Masculino, Ananideua, Pará, April 12, 2002. 153 Human Rights Watch interview, Centro Juvenil Masculino, Ananideua, Pará, April 8, 2002. 154 Human Rights Watch interview, Centro de Internação Espaço Recomeço, Ananideua, Pará, April 8, 2002. 155 Human Rights Watch interview, Centro de Internação Espaço Recomeço annex 156 Human Rights Watch interview, Centro Juvenil Masculino, Ananideua, Pará, April 8, 2002. 157 Human Rights Watch interview, Centro de Internação de Adolescentes Masculino, Ananideua, Pará, April 9, 2002. 158 Human Rights Watch interview with Francisco Lemos, April 18, 2002. 159 Human Rights Watch interview, Centro de Internação de Adolescentes Feminino, Ananideua, Pará, April 11, 2002. 160 Human Rights Watch interview, Centro de Internação de Adolescentes Masculino, April 9, 2002. 161 Human Rights Watch interview,Centro Sócio-Educativo Assistente Social Dagmar Feitoza, Manaus, Amazônas, April 22, 2002. 162 Human Rights Watch interview,Centro Sócio-Educativo Assistente Social Dagmar Feitoza, Manaus, Amazônas, April 22, 2002. 163 Human Rights Watch interview, Centro de Internação Espaço Recomeço, Ananideua, Pará, April 8, 2002. 164 Human Rights Watch interview with Raimundo Monteiro, April 8, 2002. 167 Human Rights Watch interview, Centro de Internação Espaço Recomeço, Ananideua, Pará, April 8, 2002. 168 Human Rights Watch interview, Centro de Internação Espaço Recomeço annex, Ananideua, Pará, April 8, 2002. 169 Human Rights Watch interview, Centro de Internação de Adolescentes Femenino, Ananideua, Pará, April 11, 2002. 170 Human Rights Watch interview with Angela Pompeu, April 12, 2002. 171 Human Rights Watch interview, Macapá, Amapá, April 15, 2002. 172 Human Rights Watch interview, Macapá, Amapá, April 15, 2002. 173 See U.N. Rules for the Protection of Juveniles, arts. 1-3. 174 See U.N. Standard Minimum Rules for the Administration of Juvenile Justice ("Beijing Rules"), G.A. Res. 40/33 (1985), comment to art. 19. 175 U.N. Rules for the Protection of Juveniles, art. 32. 178 Ibid., arts. 38, 45, and 49. 181 See ibid., art. 70. See also Convention on the Rights of the Child, art. 12(2). 182 See Convention on the Rights of the Child, art. 37(a); International Covenant on Civil and Political Rights (ICCPR), opened for signature December 19, 1966, 999 U.N.T.S. 171 (entered into force March 23, 1976, and acceeded to by Brazil January 24, 1992), art. 7; Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, adopted December 10, 1984, 1465 U.N.T.S. 85 (entered into force June 26, 1987, and ratified by Brazil September 28, 1989), art. 16.
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