Justice for Genivaldo
In December 2024, three former members of Brazil’s Federal Highway Police were convicted by jury trial for the torture and killing of Genivaldo de Jesus Santos, a 38-year-old mentally-ill, black man.
On 26 May 2022, Genivaldo was stopped by Federal Highway Police near the town of Umbauba in Sergipe for driving a motorcycle without a helmet, a common practice in rural Brazil. Two police officers handcuffed Genivaldo, tied his legs and threw him in the trunk of a police vehicle. A third police officer threw a tear gas grenade into the trunk. Video footage shot by a bystander showed two officers holding the car trunk closed on Genivaldo’s thrashing legs, while white-coloured smoke can be seen saturating the car. Mr. de Jesus Santos was kept inside the trunk filled with tear gas for more than 11 minutes, and he ultimately died of asphyxia.
The brutal nature of Genivaldo’s death generated outrage across Brazil and internationally. In response to our urgent appeal, UN experts on arbitrary executions and on contemporary forms of racism, as well as the UN Working Group on People of African Descent, wrote to the Brazilian State to share their concerns. As a result of the demands for justice, the case also received special attention from Brazil’s National Justice Council (Conselho Nacional de Justiça) and the Federal Public Prosecutor’s Office (Ministerio Público Federal).
Under the Brazilian Federal Constitution, the Public Prosecutor's Office (Federal and/or State) has the power to carry out external oversight of the police, but historically this task has not been carried out diligently, perpetuating the cycle of homicides committed by police officers throughout Brazil.
The verdict
A popular jury found Paulo Rodolpho guilty of homicide and he was sentenced to 28 years’ imprisonment. William Noia and Kleber Freitas were found guilty of torture resulting in death and both were handed down sentences of 23 years.
This landmark decision represents a victory for Brazil’s anti-torture and anti-racist movements and, most importantly, it is a measure of justice for Genivaldo’s loved ones.
Structural change
Had this terrible incident not been captured on video, the outcome may well have been different. In its initial statement concerning Genivaldo’s death, the Federal Highway Police stated that Genivaldo had actively resisted an approach by police officers and: “Due to his aggressiveness, immobilisation techniques and instruments of lesser offensive potential were used to restrain him.” After videos began to emerge in the days following the incident, the Federal Public Prosecutor’s Office noted that this account was “completely divorced from the reality of the facts”, and issued a recommendation to the Federal Highway Police concerning the adoption of body-worn video.
As a result, Federal Highway Police began to use body-worn video in 2024. We hope that this measure helps to prevent future instances of torture and serves as some comfort to Genivaldo’s family.
Convictions for torture and police killings are an important deterrent that help to prevent the recurrence of the type of abuse Genivaldo was subjected to. They can also help to bring about institutional and cultural change. Such change is long overdue in Brazil, where people of African descent are 3 times more likely to be killed by police than white people, according to UN experts on racial equality in law enforcement. Police killings account for 13% of all intentional violent deaths.
See the statement issued by Omega and the OMCT concerning the case on 2 June 2022.