Brazil: Visits & Communications
Country Visits
The UN Special Rapporteur on extrajudicial, summary or arbitrary executions, then Asma Jahangir, visited Brazil in October 2003. The report on this visit is E/CN.4/2004/7/Add.3, and the follow-up report concerning implementation of its recommendations is E/CN.4/2006/53/Add.2.
Correspondence from 2006
The record of correspondence for 2006 is excerpted from the official United Nations report, E/CN.4/2006/53/Add.1.
Brazil: Killing of Human Rights Defender Dorothy Stang
Violation alleged: Impunity; Death threats and fear of imminent extrajudicial execution
Subject(s) of appeal: 1 female (human rights defender)
Character of reply: Largely satisfactory response
Observations of the Special Rapporteur
The Special Rapporteur appreciates the detailed information provided by the Government of Brazil on its investigation of Dorothy Stang’s death, on the prosecution of those responsible, and on the measures that were taken to prevent future violations.
Allegation letter sent on 4 March 2005 with the Special Representative of the Secretary General on the situation of human rights defenders and the Special Rapporteur on the independence of judges and lawyers
Sister Dorothy Stang, an environmentalist, human rights defender and member of the Pastoral Land Comission (Comissão Pastoral da Terra), an organization of the Catholic Church which works to promote and defend the rights of rural workers and land reforms in Brazil was shot on 12th February 2005 at approximately 9.00am. She was shot several times, resulting in her death, as she walked to attend a meeting in the town of Anapu, Pará. The early morning attack came less than a week after Sr. Dorothy had met with the Brazilian Human Rights Minister, Secretary Nilmário Miranda, to report that four local farmers had allegedly received death threats from loggers and landowners. Sister Dorothy had received a number of awards for her work as a human rights defender, including the “Human Rights Award” from the Bar Association of Brazil (OAB - Ordem dos Advogados do Brasil), which she received on 10th December 2004. It is also reported that the OAB had included Sister. Dorothy on a list of human rights defenders who faced possible murder. On 22 October 2004, Sister Dorothy met with the Special Rapporteur on the Independence of judges and lawyers in Belém during his mission to Brazil. It is feared that Sister Dorothy Stang was killed as a direct result of her human rights work, in particular her work to denounce violations landowners and ilegal loggers in the state of Pará.
The Special Representative would like to commend the Brazilian government for the swift action it has taken to bring those responsible to justice and the steps adopted to address the climate of vulnerability experienced by human rights defenders in the state of Pará. The Special Representative, however, remains concerned for the life and safety of human rights defenders in this area, especially those individuals who have interacted with UN mechanisms. Her concerns are heightened by the fact that the killing of Sister Dorothy Stang constitutes the third case of such reprisals in Brazil against human rights defenders who have interacted with UN mechanisms. In particular, she refers to her letter dated 17 October 2003 concerning the killings of Flávio Manoel da Silva, a key witness for investigations into the actions of extermination groups operating in the cities of Itambé and Pedras de Fogo, and of Gerson Jesus Bispo. Both men had provided information to the Special Rapporteur on extrajudicial, summary or arbitrary executions during her country mission to Brazil in September 2003. In view of her planned visit to Brazil, the Special Representative calls on the Government of Brazil to explore appropriate measures to ensure the protection of those individuals who interact with the United Nations, in particular Special Rapporteurs and Representatives of the Commission on Human Rights
Response of the Government of Brazil dated 29 March 2005
Born in the United States of America and naturalized Brazilian, Sister Dorothy Stang was shot dead in the morning of 12 February 2005 at a village 40 km from the Municipality of Anapu,, in the western region of the State of Pará, on the edges of the Transamazonica Route. Immediately after the assassination of Sister Dorothy Stang, the Federal Government has taken the following measures:
- On 12 February the Special Secretary for Human Rights, Minister Nilmario Miranda, traveled to the Municipality of Altamira, in the State of Pará, whence!!! He left for the Municipality of Anapu; The Minister of Environment, Mrs. Marina Silva, who was in the State of Pará on the same day went to the place where the conflict had occurred; Federal Policemen that were accompanying the Minister of Environment in a event in the State of Pará, went to the place of the crime in order to initiate the necessary procedures, to take the body, to preserve the crime site (to collect evidences) and to provide police protection to the witnesses. Federal Policemen belonging to the Regional Superintendence of belem were also sent to the local;
- The Federal Police has opened an inquiry and , in partnership with the Civil Police of the State of Pará, is carrying out investigations to clear the crime;
- On 13 February, the Attorney-General of the Republic, the National Land Ombudsman (“Ouvidor Agrario Nacional”) and the President of the INCRA (“National Institute for Colonization and Land Reform”) traveled to the State of Pará in order to help the investigations;
- On 13 February, the Justice of the State of Pará issued an order of preventive arrest of four people suspected of being involved in the assassination of Sister Stang. The arrest order refers to the two alleged executioners of the crime, to the person who supposedly has given the order to kill Sister Stang and to a fourth person, who allegedly had made the intermediation between them;
- On 15 February, it was convened a meeting in Brasilia, at the Cabinet of Presidential Chief of Staff with the participation of the Ministers of Environment, Justice, Agrarian Development, National Integration and Human Rights to dicuss the conflicts in the State of Pará;
- The President of the Rrepublic has ordered that 2000 militaries of the Army, supported by airplanes of the Air Force, be dislocated to the crime site;
- on 19 February, Amair Frejoli da Cunh, nicknamed “Tato” who is suspected of having intermediated the process, has presented himself in the Police Station Specialized in Crimes Against Women in the Municipality of Altamira;
- On 20 February, Rayfran das Neves Sales, nicknamed “Fogoio”, who is accused of being one of the executioners, was preventively arrested by the Civil Police of the State of Pará with the help of the Army;
- On 21 February, the Federal Police arrested Clodoaldo Carlos Batista, who supposedly is the second executioner of the crime;
- So far, the farmer Vitalmiro Gonçalves de Moura, nicknamed “Bida”, who is accused of having planned the crime is the only fugitive from justice. However, Moura’s presentation to the authorities has been treated as high priority;
- In the context of measures taken to identify and punish those that are liable for the murder of Sister Stang, the Federal Government of the State of Pará has acting with a view to strengthening the structures of the administration and of police in order to fight against deforestation and promote the economic and ecologic zoning, land regularization and sustainable settlements;
- The Government has also taken measures to strengthen and guarantee the protection of human rights in the region. On 21 February, a Working Group was created in the Special Secretary for Human Rights of the Presidency of Republic to monitor the situation in the State of Pará. One of the most important measures to be taken is the protection of people threatened in the region. Accordingly, the Working Group will present suggestions of actions to be taken by federal and state officials in order to fight the violation of human rights. The Brazilian Government reiterates its commitment to all efforts to punish those responsible for the death of Sister Dorothy Stang.
Response of the Government of Brazil dated 17 May 2005
In an additional response dated 17 May 2005, the Government of Brazil informed the Special Rapporteurs that by decree No 66 and 89/2003 it has established a working group to elaborate a National Programme for the Protection of Human rights Defenders that was launched on 26 October 2004 at the Parliamentary Commission on Human Rights. Members of the Government and the civil society have participated to this new initiative. The National Congress has approved a budget of one million two hundred thousands reais to finance this programme. The Congress is also currently working on a draft law N03616/2004 including a chapter for the protection of victims and witnesses of human rights violations under threat. Within this Protection Programme, a database compiling all human rights violations as well as threats against human rights defenders is being set up in nine pilot-States, namely Paraíba, Pará, Rio Grande do Norte, Pernambuco, Bahía, Espírito Santo, Sâo Paolo, Mato Grosso et Paraná. Further efforts are being made in Espiríto Santo, Pará and Pernambuco to establish a methodology and standards of emergency procedures for the protection of Human Rights Defenders. The Protection Programme in the Pará State was established in February 2005. The killing of Sister Stang has triggered the implementation of an emergency programme. Lists of human rights defenders under threat were constituted, investigations of suspected military and civilian police officers were carried out. Similar programmes are being established in the States of Espirito Santo, Pará, and Pernambuco.
Response of the Government of Brazil dated 25 January 2006
The justice of the State of Pará, on 10 December 2005 sentenced the two executioners of the crime of Sister Stang, Mr. Rayfan de Neves Sales, nicknamed Fogoió, to 27 years of imprisonment, and Mr. Clodoaldo Carlos Batista, nicknamed Eduardo, to 17 years of imprisonment. The two farmers who supposedly had given the order to kill Sister Stang, mr. Vitalmiro Bastos and Mr. Rogivaldo Galvao, and the one who is suspected of having intermediated the process, Mr. Amair Frajoli da Cunha, nicknamed Tato, will face trial nest year.
The Brazilian Government hailed the trial of the executioners of Sister Stang as an important, but initial, step toward ending impunity in the State of Pará. The trial showed the commitment of the Federal and the State Government and the State Justice to all efforts to punish those responsible for the death of Sister Dorothy Stang and revealed a good pattern of cooperation among these instances of the Brazilian Government.
The Brazilian Governnment reiterates its commitment to the defence, promotion and protection of human rights and attaches the utmost importance to the coperation with international human rights mechanisms.
Brazil: Death Threats Against Human Rights Defenders
Violation alleged: Death threats and fear of imminent extrajudicial executions
Subject(s) of appeal: 1 female (human rights defender); 2 males (lawyers)
Character of reply: No response
Observations of the Special Rapporteur
The Special Rapporteur regrets that the Government of Brazil has failed to cooperate with the mandate he has been given by the United Nations Commission on Human Rights.
Urgent appeal sent on 13 April 2005 with the Special Rapporteur on the question of torture
Urgent appeal concerning: Francisco Lúcio França, José de Jesus Filho, both lawyers, and Isabel Peres, Coordinator of the Brazilian branch of Action by Christians for the Abolition of Torture (ACAT-Brazil). According to the allegations received:
They have been involved in the prosecution of two police officers, Maurício Miranda and Silvio Ricardo Monteiro Batista, who are accused of severely beating and murdering Anderson do Carmo, aged 16, and Celso Gioelli Magalhães Júnior, aged 20, between 27 September and 5 October 2002. The two officers were dismissed from the Military Police and charged with the killings. The trial took place in Mongagúa municipality from 21 to 23 March 2005. The officers were acquitted at the end of the trial and the public prosecutor's case has lodged an appeal.
At the end of the first day of the trial, two black cars followed Francisco Lúcio França and José de Jesus Filho to the place where they were staying. On 25 March 2005, Francisco Lúcio França was approached in a shopping centre in the centre of São Paulo by a man, who identified himself as a police officer called "Lúcio", and told him that he should drop the case or he will die. On 26 March, a black car followed Isabel Peres to the place where she was staying. Key witnesses to the murder are believed to be in particular danger.
In this connection, we would like to refer your Excellency's Government to the fundamental principles set forth in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights. Articles 3 and 6 of these instruments, respectively, provide that every individual has the right to life and security of the person, that this right shall be protected by law and that no one shall be arbitrarily deprived of his or her life.
We would also like to refer your Excellency's Government to the following norms and principles which are particularly relevant to the above allegations:
- Principles on the Effective Prevention and Investigation of Extra-legal, Arbitrary and Summary Executions, Economic and Social Council resolution 1989/65 of 24 May 1989. In particular, principles 4 and 9 to 19 oblige Governments to guarantee effective protection through judicial or other means to individuals and groups who are in danger of extra-legal, arbitrary or summary executions, including those who receive death threats. A thorough, prompt and impartial investigation of all suspected cases of any such executions or death threats must be carried out and its results shall be made public. Persons identified by the investigation as having participated in extra-legal, arbitrary or summary executions in any territory under the State's jurisdiction shall be brought to justice.
In this context, we would also like to refer your Excellency's Government to the Basic Principles on the Role of Lawyers, adopted by the Eight United Nations Congress on the Prevention of Crime and the Treatment of Offenders held at Havana, Cuba, from 27 August to 7 September 1990. In particular:
“- Principle 16. Governments shall ensure that lawyers (a) are able to perform all of their professional functions without intimidation, hindrance, harassment or improper interference;
- Principle 17. Where the security of lawyers is threatened as a result of discharging their functions, they shall be adequately safeguarded by the authorities.
- Principle 18. Lawyers shall not be identified with their clients or their clients' causes as a result of discharging their functions. “
Finally, we would like to draw your Excellency's attention to the Principles on the effective investigation and documentation of torture and other cruel, inhuman or degrading treatment or punishment (UN General Assembly resolution 55/89 of 4 December 2000, Doc. A/55/89, Annex), also known as the Istanbul Protocol, which states that "alleged victims of torture, witnesses, those conducting the investigation and their families shall be protected from violence, threats of violence or any form of intimidation that may arise pursuant to the investigation." (Para. 3 (b)).
We urge your Government to take all necessary measure to guarantee that the rights of the aforementioned persons are respected and accountability of any person guilty of the alleged violations ensured. In view of the urgency of the matter, we would appreciate a response on the initial steps taken by your Excellency’s Government to safeguard the rights of the above-mentioned person in compliance with the above international instruments.
Moreover, it is our responsibility under the mandate provided to us by the Commission on Human Rights and reinforced by the appropriate resolutions of the General Assembly, to seek to clarify all such cases brought to our attention. Since we are expected to report on these cases to the Commission we would be grateful for your cooperation and your observations on the following matters:
1. Are the facts alleged in the above summary of the case accurate? If not, in order to refute these allegations, please provide details of any inquiries carried out.
2. Has a complaint been lodged? If so what action has been taken in response?
3. Please provide the details, and where available the results, of any investigation, medical examinations, and judicial or other inquiries carried out in relation to this case. If no inquiries have taken place or if they have been inconclusive please explain why.
4. Please provide the full details of any prosecutions which have been undertaken. Have penal or disciplinary sanctions been imposed on the alleged perpetrators?
5. Please indicate whether compensation has been provided to the victim or the family of the victim.
Brazil: Summary Executions in Pernambuco
Violation alleged: Deaths due to attacks or killings by death squads.
Subject(s) of appeal: 8 persons (7 minors)
Character of reply: No response
Observations of the Special Rapporteur
The Special Rapporteur regrets that the Government of Brazil has failed to cooperate with the mandate he has been given by the United Nations Commission on Human Rights.
Allegation letter sent on 20 April 2005
Allegation letter sent in relation to several cases of executions allegedly committed by military police members of death squads operating in the State of Pernambuco in 2003 and 2004. To date, reports indicate that the investigation and prosecution of these homicides has failed to produce any positive outcome.
According to the allegations received, José Arnaldo Didier Leite, a land owner living in the town of Sanharó (Pernambuco State) who was shot dead on 15 August 2003 in Fazenda Lajedo by four individuals, among whom were two police agents nicknamed “Noronha” and “J. André”, believed to be military police members of a death squad from Belo Jardim, a nearby town. It is alleged that Mr. Didier Leite was murdered because his son, Ricardo Alexandre Galvão Didier, a town councilor, was politically opposed to the city’s mayor. I have further been informed that despite the official complaints to the police by the victim’s family as well as its many inquiries with the Public Prosecutor’s office, the police investigation has not been able to identify the perpetrators as, to date, the three consecutive police inspectors appointed to work on the case since August 2003 have not yet been able to realize the reconstruction of crime scene.
Furthermore, on 27 April 2004, six children and one young adult were found dead with shots in the head with their hands tied in the localities of Itapissuma and Igarassu. According to the information received, Otavio Jose Da Silva (18) Acla Macedo Da Costa (16), Angélica Maria Silva de Andrade (16) Moises Das Neves de Souza (16), were found by the road to Engenho Pasmado in the locality of Itapsissuma. Some three kilometers away, Levi Vieira Paula Dos Santos (16) was also found dead in similar circumstances. Finally, reports indicate that the bodies of Gessica Maria Conçeicào da Silva (15) and Marcemildo Rodrigues da Silva (17) were found by the road to Nova Cruz, next to the locality of Igarassu, also murdered according to the same method. The youngsters were reportedly on their way to a party in the same taxi when their car got stopped by the police who ordered them to leave their vehicle. According to the information received, the perpetrators remain at large.
Brazil: Killing of Human Rights Defender Paulo Henrique Machado
Violation alleged: Impunity
Subject(s) of appeal: 1 male (human rights defender)
Character of reply: No response
Observations of the Special Rapporteur
The Special Rapporteur regrets that the Government of Brazil has failed to cooperate with the mandate he has been given by the United Nations Commission on Human Rights.
Communication sent on 3 August 2005 with the Special Representative of the Secretary-General on the situation of human rights defenders
Communication concerning Paulo Henrique Machado, a 35-year-old Brazilian priest who was reportedly shot dead on or around 25 July 2005. He was reportedly shot at least five times while in his car in the Nova Iguacu area of Rio de Janeiro.
Concern has been expressed that he was killed in retaliation for his campaigning for the families of 29 people who were allegedly killed by rogue police officers on 31 March 2005. Indeed, Paulo Henrique Machado headed a support group for victims of the so-called Nova Iguacu massacre which led to charges against eight police officers. The massacre began when gunmen opened fire on a crowd at a street-corner bar killing 17 people, before they drove to the Queimados neighborhood where they killed another 12 people in two separate shootings.
It is our understanding that the police have initiated an investigation into the killing of Mr. Machado with a view, inter alia, to determine if his death was linked to the above-mentioned massacre.
Correspondence from 2005
The record of correspondence for 2005 is excerpted from the official United Nations report, E/CN.4/2005/7/Add.1.
Country: Brazil
Type, date and summary of communication:Urgent appeal, 14 May 2004. Despite precautionary measures authorized by the Inter-American Commission for Human Rights, police protection from the Federal Police was reportedly ended on 16 April 2004 for Rosemary Souto Maior de Almeida, spokesperson of the Municipal Assembly of the city of Itambé, Pernambuco State. On 16 April 2004, the chief of the Federal Police in Pernambuco State reportedly made a statement to the press announcing the suspension of such protection. Thousands of copies of this article were distributed by Ms. Souto Major's opponents in a coordinated operation on the same day. Concerns were expressed for her life.
Government reply:Response dated 3 September 2004. According to the Government, Rosemary Souto Maior, Public Prosecutor and Manoel Mattos, municipal counselor have received police protection from the Federal Police up to 31 March 2004. On that day, Mr. Mattos had a quarrel with some policemen in charge of his protection. They argued that he had infringed the rules established for the protection of witnesses. The Government explained that after this incident, the protection of both Mr. Mattos and Ms. Sauto Maior was suspended. The Inter-American Commission for Human Rights requested the Government of Brazil to provide protection for an additional 6 months as of 17 May 2004 for both persons. The Secretary of State for Human Rights asked the Minister of Justice to take all necessary measures to ensure life and the personal integrity of the two persons. According to the Military Police in Pernambuco, Ms. Sauto Maior is under full police protection while Mr. Mattos has not requested any measure to protect his life.
Observation of the Special Rapporteur:The Special Rapporteur thanks the Government for its very comprehensive reply. The SR regrets that Mr. Mattos was not provided police protection (as of 17 May 2004) in spite of the precautionary measures adopted by the Inter-American Commission on Human Rights. He hopes that such protection was eventually provided.
Country: Brazil
Type, date and summary of communication:Allegation, 26 May 2004: Fourteen inmates were reportedly killed by fellow prisoners in a five-day revolt sparked by a clash between rival gangs on 25 April 2004 in the Urso Branco prison in the Amazon state of Rondonia. According to the information received, the prison authorities did not manage to intervene to stop the killings which only ceased after the authorities met the inmates’ demands to replace the prison director and to expand the overcrowded prison.
Government reply:No response.
Country: Brazil
Type, date and summary of communication:Allegation, 6 October 2004: At dawn of February 22, 2004, Liniker Ferreira Madeira (aged 17), Leandro Santos da Silva (aged 16), Jean Alexandre de Campos (aged 13) and Marcelo Rodrigues da Silva (aged 16) were returning from a party on Via Apia street, in Rocinha, a favela in Rio de Janeiro, when they were accosted by the police from the Special Operations Battalion of the Military Police (BOPE) who were carrying out an anti-drug operation in the area. According to the information received, the police stopped the boys and placed a plastic bag on Leandro’s head and made all the boys walk down the hill, saying that they were going to kill one of them. The boys were brought to Travessa Gregorio street near a drainage ditch and were shot. Liniker and Leandro died at the scene and the other two were taken to public hospital Miguel Couto. Marcelo Rodrigues is the only survivor who remains in critical condition, under the watch of two military police. The police alleged that the youngsters were drug traffickers. They further asserted that the BOPE officers would only shot in self defence. It is alleged that the BOPE officers falsified the crime scene to incriminate the victims in an attempt to make them seem like members of a drug trafficking gang. No weapons were found with the victims and none of them had a history of criminal activity. According to the information received, an investigation is being carried out but reports indicate that at present, the military police that participated in the incursion in Rocinha remain at liberty to carry out their normal activities.
Government reply:No response.
Country: Brazil
Type, date and summary of communication: Allegation, 19 November 2004. On 1 August 2004, Elias de Meura, was reportedly killed by gunshots at Fazenda Santa Filomena, Guaraiçá Municipal District, State of Paraná. He was part of the Movement of Landless Rural Workers (Movimento dos Trabalhadores Rurais Sem Terra). Allegations indicate that security agents of the fazenda shot at the rural workers, under the watch of police officers. It has been reported that two gunmen were arrested, but released afterwards because of “lack of evidence”. The police Chief claimed that it was impossible to establish the origin of the shots that killed Elias de Meura.
On 12 June 2004, Thiago de Souza Marques de Oliveira, aged 15, Leandro Celestino Rodrigues, aged 16, and Vladir Borges Furtado Barbosa, aged 19, residents of the Fogueteiro hill, were allegedly killed by 12 members of the Special Military Squad of the 1st Military Battalion who had been called in the area after a robbery in the neighborhood and who were shooting and looking for possible assaulters. The police officers allegedly beat the boys before taking them in their car. On Sunday morning, the bodies were found on Dona Emilia Street, in the neighbourhood of Inhauma, with 13 gunshots wounds, the majority in the head. The autopsies carried out reveal that the shots were made from a 2 to 3 meters distance. Ballistic tests results deny the use of weapons from the Military Police. On 15 June 2004, 26 members of the Special Military Police Squad were put in jail for 72 hours. They are now doing administrative work. At the same time, the witnesses of this incident are reportedly receiving death threats from the Military Police.
Alexandre Firmino Souza, aged 27, André da Conceição Oliveira, aged 26, and Estavão Lauteano Martins, aged 17, were, according to the information received, killed during a police operation carried out by the Police Unit for Special Area (Grupo de Policiamento em Areas Especiais – GPAE) on 3 March 2004, at around 7 p.m., in the favela Pavao-Pavãozinho. Allegations indicate that members of the GPAE entered the neighbourhood Copacabana firing shots. They were wearing black shirts and berets, and their face was painted. Alexandre Firmino Souza was reportedly beaten and shot at, from a very close distance, while he was in a bar. André da Conceição Oliveira was shot at in front of a drug-selling spot. Estavão Lauteano Martins was executed in a locale called 5th Station. The then chief of GPAE, Marco Aurelio, claims that the incident occurred becasue the victims were drug traffickers and that they were armed with rifles and guns. It is alleged that none of the victims had a criminal record. The Secretary of Public Security of Rio de Janeiro, Anthony Garonthino, publicly admitted that Alexandre Firmino was not involved in drug trafficking. On 4 March 2004, protesters requested immediate measures to be taken. On 5 March 2004, the Head Police Inspector, Colonel João Carlos Ferreira, carried out an investigation. 8 agents of the GPAE were identified. Those officers were administratively punished for a month and were back to work in the same community. The Chief of the GPAE, Major Marco Aurelio, was dismissed, but replaced by Antônio Ludogero da Silva Neto, who was responsible for the police operation when the incident
Wallace Damião Gonçalves de Mirnada, aged 13, Jùlio César de Pereira de Jesus, aged 16, Flavio Moraes de Andrade, aged 19, Eduadro Moraes de Andrade, aged 17 and Jose Manoel da Silva, aged 26 were reportedly killed on 7 January 2004 by members of the Military Police 4th Battalion in the complex located in Parque da Alegria in the community of Caju, Rio de Janeiro. On the night of 6 January 2004, the above mentioned youths, as well as another young boy, were gathered around a game of dominoes when 11 Military Police officers arrived and opened fire. Three of five bodies were found in a swamp located behind the garage of a bus station on 7 January 2004. Two other bodies were taken to Hospital Souza Aguiar. Authorities claimed that they were drug traffickers and that they were killed during a gun fire exchange. A report has been made to the 17th Police Station by the only survivor (whose name is known by the Special Rapporteur). The inquiry has been transferred from the 17th Police Station to the Joint Oversight Office of Civil and Military Police. It is reported that the police officers involved in this incident remain at large and still work in the community.
Geraldo de Sant’anna de Avezedo Junior, aged 21, Bruno Muniz Paulino, aged 20, Rafael and Renan Medina Paulino, respectively aged 18 and 13 were, according to the information received, killed by members of the 15th and 21st Battalion of the Military Police on 6 December 2003, at around 4:40 a.m. in São João de Meriti, Baixada Fluminense, Rio de Janeiro. The night before, the youngsters went to “Viashow” a night club in Baixada Fulminense. Reports indicate that Geraldo Sant’anna stole the car of one of the Military Police agent who was working as a bouncer in that nightclub on his night off. The agent supposedly called up his friends, who arrested the youngsters. They took them to an abandoned farm called Morambi, in Imbariê, Duque de Caxias district and executed them. Their bodies were found on 9 January 2004. According to the Chief Police Officer Renato Soares Vierra of the 62th Police Station, each victim had three gunshots wounds, (“some of which were to the head”)especially in the head. 9 officers from the Military Police were temporarily imprisoned on 2 March 2004. On 15 April 2004, the Court of Appeal of the State of Rio de Janeiro revoked the temporary imprisonment, allowing the accused the right to respond to the proceedings at liberty. In August 2004, the Public Prosecutor responsible for the case, Luciano Lessa, had yet to file a complaint against the accused.
Government reply:No response.
Correspondence from 2004
The record of correspondence for 2004 is excerpted from the official United Nations report, E/CN.4/2004/7/Add.1.
Urgent appeals
On 13 February 2003, the Special Rapporteur, jointly with the Special Representative of the Secretary-General on human rights defenders, sent an urgent appeal to the Government of Brazil regarding the case of indigenous leader Marcos Luidson de Aráujo, his mother and other members of the Xucuru indigenous community, after Marcos Luidson de Aráujo was injured in an attack which left two other indigenous men dead. On 7 February, Mr. de Aráujo, Adenílson Barbosa da Silva, Joseílton José dos Santos and a fourth person were allegedly traveling by truck in the municipality of Pesquiera in Pernambuco State, when several unidentified gunmen opened fire on the truck. Mr. da Silva and Mr. dos Santos were reportedly killed, Mr. de Aráujo was injured and the fourth passenger was unhurt. The attack was allegedly instigated by local landowners in the context of a dispute over land rights with the Xucuru community. In addition, Mr. de Aráujo's father, Francisco de Assis Araújo, a previous leader of the Xucuru, was reportedly killed by gunmen on 20 May 1998. The attack was allegedly planned by local landowners, perhaps with the assistance of a small dissident group from the Xucuru community who had threatened Marcos Luidson de Aráujo in the past. He and his mother reportedly received numerous death threats over the previous three years, largely believed to be from local landowners. In October 2002 the Organization of American States (OAS) reportedly called on the Brazilian authorities to protect Marcos Luidson de Aráujo and his mother. According to the information received, no protection had been provided for the family.
On 25 June 2003, the Special Rapporteur, jointly with the Special Rapporteur on torture, sent an urgent appeal regarding the safety of a minor known as FC, as well as Fabio Junior Gonzaga da Silva and Josivan Antonio dos Santos following the alleged abduction, torture and attempted killing of FC by military police on 5 April 2003. On that date, FC and his friend Fabio Junior were allegedly stopped in the street by two military policemen in the town of Gurupi, Tocantins State, who accused FC of having taken part in a robbery in December 2002. FC was reportedly taken to a wooded area on the edge of the town where police allegedly tortured him for several hours, reportedly to find out who had taken part in the robbery. On 3 May, FC was on his way to work when he was allegedly again abducted by three military policemen who reportedly told Josivan Antonio, who was with him, to go away. They drove FC towards the town of Natividade. Ten kilometres past Natividade, they stopped the car and took him to a wooded area where he was reportedly severely beaten on his back and head, which caused him to faint. He reportedly spent four days in hospital, in the state capital of Palmas. He reportedly filed a complaint against the police who had tortured him, with Josivan Antonio and Fabio Junior both testifying as eyewitnesses. As a result, five military policemen were reportedly arrested. Fears were expressed, however, that the lives of the three were at risk, especially since military policemen linked to those arrested were seen near FC’s house acting in a suspicious manner.
Communication sent
On 29 September 2003, the Special Rapporteur, jointly with the Special Rapporteur on torture, sent a communication regarding the case of Denílson Bueno de Toledo, aged 19, residing in Peruibe, Sao Paulo, who was reportedly arrested at the Texaco petrol station in Peruibe by civil policemen on 30 April 2003. He was reportedly handcuffed and beaten in the police vehicle and beaten again at police headquarters in Peruibe by someone called “Carioca”. When he was taken to Peruibe Hospital a few hours later, he was allegedly already dead. A complaint was reportedly filed on his behalf with the relevant authorities.
Correspondence from 2003
The record of correspondence for 2003 is excerpted from the official United Nations report, E/CN.4/2003/Add.1.
Urgent appeals
On 3 June 2002, the Special Rapporteur, jointly with the Special Rapporteur on freedom of opinion and expression, sent an urgent appeal relating to Frei Anastácio Ribeiro, state deputy and coordinator of the Pastoral Land Commission in Paraíba, north-eastern Brazil. A plan to kill him has reportedly been discovered in a police station in the state capital, João Pessoa. According to the information received, a civil policeman, who was recently attacked in an ambush in the municipality of Mogeiro, has accused Fr. Anastácio of plotting to kill him. However, Fr. Anastácio only denounced the illegal activities of this policeman, who also works as a security guard for landowners in the region and who was reportedly named in a recent report concerning rural violence in the state in connection with torture and acts of violence relating to land disputes in the state. Moreover, eight rural workers who live in Mogeiro have reportedly been arrested and accused of planning the attack on the policeman. According to information received, no evidence against these men exists, but they have nevertheless been tortured in order to make them confess.
On 14 June 2002, the Special Rapporteur sent an urgent appeal relating to Agisandro da Costa Pereira, President of the Brazilian Lawyers' Association, Maria Aparecida Denadai, a member of the same organization, and Izaias Santana Rocha, President of the Espirito Santo state council for human rights, who reportedly received repeated death threats in April 2002. According to the information received, these threats were related to their activities which consist of campaigning against killings, corruption and impunity in Espirito Santo. It is reported that in April, Dr. Pereira called upon the Federal Government to intervene and investigate the murder of Ms. Denadai’s brother, Marcelo Denadai, and reportedly mentioned that he was about to reveal evidence of political corruption in Espirito Santo. Both Ms. Denadai and Mr. Rocha have reportedly been sued by the head of the civil police for defamation following their criticism of the police investigation.
On 12 July 2002, the Special Rapporteur, jointly with the Special Rapporteur on torture, sent an urgent appeal to the Government of Brazil relating to some 20 detainees in Urso Branco prison, Porto Velho, Rondonia State, who were reportedly in danger of being killed by other inmates. Most of those in danger were reported to be recently transferred detainees being housed in holding cells (seguros), which are used for inmates deemed to be at risk from others. Due to overcrowding, detainees held in the main part of the prison were transferred to seguros in June 2002. On their arrival, two detainees were reportedly attacked with boiling water by prisoners and guards. This is believed to have led to fights between inmates. On 5 July, another 34 detainees were reportedly transferred from the central police station in the state capital, Porto Velho, to seguros. As a result, the level of violence is said to have increased. On 1 January, following a transfer of prisoners from the seguros to the main prison by judicial order, 27 inmates were massacred by other prisoners. Military police and prison guards, who could hear the screams of those being killed, are said to have refused to enter the prison to intervene. Since the massacre, it is reported that a further 10 detainees have been killed by guards and other prisoners. Fears were expressed that the overcrowding, as well as the extremely harsh conditions of detention, may lead to more inmate-on-inmate violence that may result in deaths.
On 18 July 2002, the Special Rapporteur sent an urgent appeal to the Government of Brazil relating to Hipãridi Top'tiro, a Xavante Warã indigenous leader from the Sangradouro indigenous reserve in Primavera do Leste, Mato Grosso State, his family, and Dr. Mariana Ferreira, an anthropologist from the University of Tennessee who has been working in the area. According to the information received, Mr. Top'tiro is the President of the Xavante Warã association and a well-known environmental campaigner. He has been the target of death threats for some time, allegedly relating both to his work on Salve o Cerrado and to a legal action that he brought against local landowners for allegedly deforesting part of an indigenous area. According to reports, the regional administrator of the National Indigenous Foundation in Primavera do Leste, who has strong links to landowners in the region, has allegedly for a long time been intimidating and threatening Mr. Top'tiro and his family. Allegedly, although these threats were addressed to the administrator of the Fundação Nacional do Indio (FUNAI), no action has been taken to address these threats. Dr Ferreira, who worked as a consultant to the Xavante Warã and made regular visits to Primavera do Leste, was allegedly told by the regional FUNAI administrator that Mr. Top'tiro and members of his family were in grave danger. Dr. Ferreira has also received what appear to be veiled death threats, or even attempts on her life. For example, while driving in Sangradouro in June, a car reportedly tried to force her off the road. On another occasion, it is alleged that the car she was travelling in nearly crashed into a boulder that had deliberately been moved onto the road into her path.
On 18 July 2002, the Special Rapporteur sent an urgent appeal to the Government of Brazil relating to Ana Oneide Lima. Over the past few months, Ms. Lima has reportedly received a number of death threats by anonymous telephone callers. These threats are allegedly linked to her testimony in the trial of a military policeman accused of killing a 13-year-old boy, Jony Igson Miranda da Silva, on 20 November 2001. According to the information received, the boy used to wash car windows at traffic lights. On 20 November 2001, he allegedly asked the passengers of a car if they wanted their window cleaned. Although they said no, he reportedly carried on washing the window. The military policeman, who was in the passenger seat of the car, reportedly asked Jony if he wanted a Christmas present. When Jony replied that he did, the policeman reportedly shot him at point-blank range, rendering him paraplegic. On 10 July, Ms. Lima is said to have confirmed these death threats in court, in front of the accused policeman. According to reports, a second witness, who was also receiving death threats, did not attend the hearing. The policeman, who has been suspended from duty, has reportedly not been placed in custody.
On 29 July 2002, the Special Rapporteur, jointly with the Special Representaive of the Secretary-General on human rights defenders and the Special Rapporteur on the independence of judges and lawyers, sent an urgent appeal to the Government of Brazil relating to threats against members of the Brazilian Lawyers’ Association in the State of Espírito Santo. According to the information received, on 23 July 2002, the day before some members of the Association were due to meet its President, Dr. Agisandro da Costa Pereira, at the airport in Vitória, an anonymous caller threatened one of the directors of the Association, stating “It’s great because we’ll machine gun the lot of you there” (“E bom mesmo que lá a gente metralha todo mundo”). On 25 July 2002, a bomb exploded in the offices of the Association in Vitória during a ceremony, attended by 130 lawyers, for new members. After the explosion, it is reported, another anonymous phone call was made to the offices of the association. It is alleged that the caller stated “We’re going to blow you all up in one go” (“Vamos estourar todos vocês de uma vez só”).
On 10 October 2002, the Special Rapporteur, jointly with the Special Rapporteur on the independence of judges and lawyers, sent an urgent appeal to the Government of Brazil regarding Cristiano Arantes e Silva. According to the information received, Mr.Arantes e Silva, a judge in Comarca de Xinguara, Sul do Pará, had been receiving death threats relating to his activities as a judge. This reportedly included anonymous letters and phone calls to him and his wife. On 24 September 2002, four shots fired into his house, hitting the walls.
Communications received
On 14 August 2002, the Government of Brazil replied to an urgent appeal sent by the Special Rapporteur on 12 July 2002 relating to the some 27 detainees in Urso Branco prison, Porto Velho, Rondonia State, who were reportedly killed by other inmates. The Government reported that those crimes were being thoroughly investigated. There was no indication that State agents were involved in the killings. The information available rather indicated that some detainees were determined to kill other inmates. The Government also reported on several measures to reinforce security within the prison, such as the surveillance of the prison (on a temporary basis) by 55 members of the police force; the hiring of 45 new prison wardens; the construction of two new prisons in Rondonia; the establishment of regular visits by the Public Prosecutor and the Brazil Bar Association within the prison in order to confiscate any weapons and prevent possible situations of rebellion or threats against inmates.
Correspondence from 1983-2002
The United Nations Special Rapporteur on extrajudicial, summary or arbitrary executions has been corresponding with Governments regarding alleged violations since the mandate was established over two decades ago. While the Project on Extrajudicial Executions is making efforts to provide easily browsed versions of as many years as possible, much of the earlier correspondence is available only in the PDF versions of reports from 1983 to the present.