Behind bars and Invisibles: the drama of Brazilian prisoners amidst the Coronavirus Pandemic

[1], after the US and China. The Penitentiary Surveillance Bank of the National Council of Justice (CNJ) estimates over 812.564 prisoners by June 2020[2]. During the last decade, Brazil prison's population increased by over 55%; One of the explanations normally pointed out by specialists is the increase of laws that seconded jail time for minor crimes and first-time offenders[3]. The data shows that, of the total prison population, 41.5% (337,126) are provisional prisoners, meaning they had not yet been convicted by a judge and are waiting a trial[4]. Pre-trial detention rose more than 200% in Brazil between 2000 and 2018[5].
 

Furthermore, Brazil's prison system is known for overcrowding jails, as the current prison infrastructure can accommodate less than two-thirds of the total prison population. According to a report by Human Rights Watch in 2019, inmates are subject to inhumane conditions, rife with violence and a pipeline for gang recruitment. Medical care is precarious, and the technical services of nursing, social work, and psychology are affected by the poor salary and job conditions offered to those segments[6]. In 2015, Brazil's Supreme Court stated that the prison system was overwhelmed by "generalized violations of prisoners’ fundamental rights" and that this system acts as a segregationist institution punishing those who are uneducated, mentally disabled, and minorities.[7]

COVID-19 in the prison system

Brazil is the country with the third-highest number of infections and coronavirus-deaths in the world[8]. As a result, the pandemic has worsened these problems in Brazilian prisons. Aggravated by the generalized violations of Human Rights already taking place in these environments, the pandemic has become an instrument for torture as argued by Lucas Gonçalves, legal advisor of the Pastoral Carcerária Nacional (a cleric institution dedicated to visualized the situation of prisoners in the Brazilian jail system):

"The pandemic affected the prisoners in two ways. First, it was used by the State as a weapon to sicken and consequently kill inmates, used to perpetuate the violence inside the prisons. At the same time, the pandemic was used to encourage and easily cover other violations of Human Rights that were happening before the pandemic (...) it has blindfolded us". – Lucas Gonçalves

 Suspension of family visits and increased prison violence

“The government didn’t take any measure to control de pandemic inside the prisons the only measure was to suspended visits of families however, other measures that could have been more effective like the releasing prisoners were not even contemplate” – Lucas Gonçalves

Families are completely blind to the situation of their relatives that are in prisons, and while the measure was allegedly taken to prevent the spreading of the virus, it has actually isolated the inmates to the point that it is not possible for the families or the public to know what is happening inside the prison walls. As stated by Kric, a survivor of the Brazilian prison system:

"The families have no information about the situation of their relatives. The pandemic is hidden in the prisons. I know that through videoconferences, some of the prisoners were forced to tell lies to their families under penalty of punishment. We know something is happening inside"

Considering that their relatives provide the vast majority of the prisoners’ ​​hygiene supplies, cleaning products, medicines, clothing, and food; and that the restrictions on the shipment or personal delivery of these products; it is suspected that prisoners suffer deprivation even higher than usual during the pandemic. Protests by relatives were registered in states such as Ceará, Alagoas, Maranhão, Minas Gerais and São Paulo[9]. As stated by Lucas Gonçalves:

"The state does not provide, and when the families want to provide, the state creates obstacles that increase the pain experienced by these families who have a relative in prison."

This scenario deepens the feeling of anguish among prisoners and their families, as they fear the practice of torture and degrading, cruel treatment will result in death[10]. Additionally, the suspension of visits and permits to go to work for prisoners in a flexible regime led to riots and massive escapes[11].

         Poor medical care

The overcrowding of the facilities is compounded by the degrading conditions of the prisons. In different establishments, prisoners reported, among other issues: scarcity of water, poor diet, lack of lighting, infestation of pests, lack of personal hygiene products and clean space, insufficient sun exposure, and poor medical care[12]. All of which results in alarming levels of proliferation of diseases, making the prison population a large "risk group" for COVID-19; thus, the prison became a major institution for accelerating the spread of the pandemic[13]. In fact, healthcare in the Brazilian prison system was in crisis before the pandemic; considering the overcrowding, the lack of a clean and healthy environment, and the diseases that are historically present in those establishments:

"One example among many is the fact that the incidence of tuberculosis in prisons is 30 times greater than in society in general, due to the terrible conditions to which prisoners are exposed". – Lucas Gonçalves

On top of that, in 31% of the prison units, there is no medical assistance, and most units do not have minimum healthcare workers. Due to overcrowding, poor hygiene conditions, excessive humidity and lack of ventilation, illness deaths accounted for 61% of the 1,119 registered in the country's prisons in the first half of 2017, according to the CNJ[14]. Furthermore, according to Brazilian news agency Pública, four out of ten Brazilian prisons do not have medical offices. Almost half (48%) do not have a pharmacy or medicine store. And 81% do not have a washing and decontamination room[15]. It is reported that, often, when an inmate complains about a health issue, they are told there is no doctor or medicine[16].

"For numerous complaints people received some palliative medication, an antibiotic but nothing else. They do not have access to oxygen tanks. If the person felt very bad and fainted (in some cases) the person was transported to a medical Centre, but this is, unfortunately in the minority of cases"– Lucas Gonçalves

      Lack of testing and death

Apart from the Federal District, the more systematic application of rapid tests in prison units only began at the end of May 2020. CNJ data indicate that, by the end of August, only 28,804 tests had been carried out on prisoners and 26,766 on prison workers in the national territory. Of these, almost 20.000 prisoners and eight thousand servers were positive. About 70% of the tests performed on prisoners, therefore, were positive[17].

     , "In July of 2020, it was found that less than 3% of the prison population was tested. We do not know what the real situation is." — Lucas Gonçalves

In the prisons of the Amazonas State, inmates reported that prison authorities deliberately manipulated pressure and temperature measurement records to reduce the number of suspected cases. If the difficulties of social control and external monitoring of prisons in Brazil were already a problem, the pandemic has further aggravated this situation[18].

Legal International commitments and the Brazilian Law

There are several international agreements which establishes standards for the treatment of inmates and guarantees their rights. At the global level, the United Nations Universal Declaration of Human Rights of 1948 established the human dignity standards, lately adopted by the International Covenant on Civil and Political Rights and the Convention against Torture prohibit torture, both which guarantee equality before the law, prohibit arbitrary imprisonment, guarantee the right to a fair trial, and ensure the presumption of innocence, for instance.[19]

In the Organization of American States’ sphere, the American Convention on Human Rights establishes a range of rights that should be observed to prisoners, such as life and health for instance, and it expressly provides for the separation between inmates. In Brazil, several legal documents also establish the rights of inmates. The Federal Constitution of 1988 provides for proper treatment, as does the 1984 Criminal Executions Act. However; although Brazil has ratified the main Human Rights instruments, it seems that the State is still struggling to implement them[20].

What are the remaining challenges for the Brazilian government?

The Brazilian government has several challenges to properly deal with this situation. According to experts on the topic, some immediate measures can be taken to reduce the virus spread. For instance, on March 17, the National Council of Justice (CNJ) issued a recommendation to courts across the country to adopt a policy of preventive detention to contain the effects of the pandemic in prisons, both by granting the right to house arrest to people who are in risk groups, and through the expanded use of measures precautionary alternatives to prison for suspects and accused unfortunately, all this did not go beyond being a recommendation, without substantive results[21]. It is essential to follow the procedures recommended by the WHO and the Health Minister to contain the further spreading in the prison system[22].

"Release is the only valid measure because when people are in jail, we are talking about a space that is extremely unhealthy, overcrowded, claustrophobic, where people have difficulty breathing, they do not have access to water and food. They are extreme measures that should be only taken in extreme circumstances". – Lucas Gonçalves

[1] Barbiéri, Luiz Felipe. “CNJ registra pelo menos 812 mil presos no país; 41,5% não têm condenação” G1. July 2019, Available at: https://g1.globo.com/politica/noticia/2019/07/17/cnj-registra-pelo-menos-812-mil-presos-no-pais-415percent-nao-tem-condenacao.ghtml

[2]Gardiner, C.H. “In Brazil’s prisons, inequality isn’t just a condition. It’s the law”. The Christian Science Monitor, August 2020, Available at: https://www.csmonitor.com/World/Americas/2020/0827/In-Brazil-s-prisons-inequality-isn-t-just-a-condition.-It-s-the-law; 

[3] Human Rights Watch, “Brazil Eventos 2019”, Available at: https://www.hrw.org/es/world-report/2020/country-chapters/336671#

[4] “La población carcelaria de Brasil aumentó 55% en la última década”, InforBae, February 2020, Available at:  https://www.infobae.com/america/agencias/2020/02/14/la-poblacion-carcelaria-de-brasil-aumento-55-en-la-ultima-decada/

[5] Ibíd. (supra note 1). 

[6] Migraportal, “O sistema prisional brasileiro no contexto da pandemia de COVID-19”, Conexao Ufrj, March 2020, Available at:  https://conexao.ufrj.br/2020/03/31/o-sistema-prisional-brasileiro-no-contexto-da-pandemia-de-covid-19/

[7] Protected source, “El coronavirus, un nuevo golpe a las precarias cárceles de Brasil”. France24, August 2020, Available at: https://www.france24.com/es/20200821-el-coronavirus-un-nuevo-golpe-a-las-precarias-cárceles-de-brasil

[8] Word Meters, Brazil, February 2021, Available at: https://www.worldometers.info/coronavirus/country/brazil/

[9] Biondi, Karina, Godoi, Rafae, et al. “Prisiones en el epicentro latinoamericano de la pandemia: el caso brasileño”, El Espectador, September 2020, Available at: https://www.elespectador.com/noticias/judicial/asi-se-ha-vivido-la-pandemia-del-covid-19-en-las-carceles-de-brasil/; Ibid (supra note 6)

[10] Chade, Jamil, “Denúncia na ONU: Pandemia aprofunda política genocida do governo em prisões”, Noticias UOL, June 2020, Available at:  https://noticias.uol.com.br/colunas/jamil-chade/2020/06/23/denuncia-na-onu-pandemia-aprofunda-politica-genocida-do-governo-em-prisoes.htm

[11] Ibid (supra note 9)

[12] Ibid (supra note 9)

[13] Ibid (supra note 8)

[14] Ibid (supra note 1)

[15] Muniz, Bianca; Fonseca, Bruno, “Levantamento inédito revela que doença, também transmitida por via aérea, bateu recorde em 2018. Presos brasileiros têm 35 vezes mais casos de tuberculose que população libre”. Apublica, March 2020, Available at:  https://apublica.org/2020/03/em-alerta-por-coronavirus-prisoes-ja-enfrentam-epidemia-de-tuberculose/

[16]Carcerária Pastoral, “Com Saúde À Beira Do Colapso Por Coronavírus, Amazonas Isola 300 Presos E Não Testa Doentes”, Pastoral Carcerária, April 2020, Available at;  https://carceraria.org.br/combate-e-prevencao-a-tortura/com-saude-a-beira-do-colapso-por-coronavirus-amazonas-isola-300-presos-e-nao-testa-doentes

[17] Ibid (supra note 8)

[18] LaVanguardia, “Denuncian a Brasil ante ONU y OEA por alarmante avance de COVID en cárceles”, La Vanguardia, June 2020, Available at: https://www.lavanguardia.com/vida/20200624/481936943208/denuncian-a-brasil-ante-onu-y-oea-por-alarmante-avance-de-covid-en-carceles.html

[19] Tavares, Celma, “El Sistema Carcelario Brasileño: una telaraña de violaciones a los derechos humanos”, Programa Andino de Derechos Humanos, Available at: https://repositorio.uasb.edu.ec/bitstream/10644/1017/1/RAA-22-Tavares-El sistema carcelario brasileño.pdf

[20] Ibid.

[21] Borges, Juliana, “O que a pandemia do coronavírus expõe sobre as prisões?”, Nexo, April 2020, Available at: https://www.nexojornal.com.br/ensaio/debate/2020/O-que-a-pandemia-do-coronavírus-expõe-sobre-as-prisões

[22] Ibid (supra note 6).