Brazil
13.02.02
Urgent Interventions

Brazil: arbitrary detention of six people of different nationalities

Case BRA 130202
Arbitrary detention / Torture and ill-treatment

The International Secretariat of OMCT requests your URGENT intervention in the following situation in Brasil.

Brief description of the situation

The International Secretariat of OMCT has received information from a reliable source on the arbitrary detention of six people of different nationalities including the following Chileans: Alfredo Canales Moreno, Mauricio Hernández Norambuena and Marco Rodríguez Ortega, and of the torture to which they were subjected by police officers in Sierra Negra, Sao Paulo, Brasil.

According to the information received, following the investigations of the Brazilian police on the abduction of the advertising executive Washington Olivetto, six persons from different nationalities, including the Chileans: Alfredo Canales Moreno, Mauricio Hernández Norambuena and Marco Rodríguez Ortega, were detained by the police in a house in the countryside in Serra Negra (150 km from Sao Paulo), for their alleged participation in the abduction on February 1st, 2002.

According to the report, the detainees and Mr. Alberto Espinoza Pino, a Chilean lawyer currently in contact with the prisoners, claim that the detainees were then taken to the 1° DP de Amparo, where at least 5 of them were subjected to torture and other cruel treatments. The report states that Mr. Alfredo Canales Moreno and Marco Rodriguez Ortega were tortured more severely, and were subjected to electric shocks and the “pao de arara”. The other detainees were beaten and forced to watch the electrocution of Mr. Canales and Mr. Rodriguez. All the prisoners are currently held in the maximum security detention facilities in the city of Taubate.

According to the information received, on February 5th, 2002, Mr. Jose Cataldo Aviles, General Consul of Chile, was denied authorization to visit the detained and confirm their physical and psychological condition. The reports state that until February 11th, 2002, the detainees had not been granted a court process and had remained incommunicado and isolated.

The International Secretariat of OMCT shares the concern of human rights organisations, among them, the Popular Defense Organisation (ODEP), for the physical and psychological integrity of Alfredo Canales Moreno, Mauricio Hernández Norambuena and Marco Rodríguez Ortega, and of all other persons detained in connection with this case, and whose identities are currently unknown.

Action requested

Please write to the authorities in Brasil urging them to:

i. take all necessary measures to guarantee the physical and psychological integrity of Mr. Alfredo Canales Moreno, Mr. Mauricio Hernández Norambuena and Mr. Marco Rodríguez Ortega, and all other persons who have been detained by the authorities in relation to this case;
ii. order the six persons arrested in connection with this affair, be released immediately in the absence of valid legal charges or, if such charges exist, bring them before an impartial and competent tribunal and guarantee their procedural rights at all times;
iii. order a thorough and impartial investigation into the circumstances of these events, in particular on the alleged torture and ill-treatment to which Mr. Alfredo Canales Moreno and Mr. Marco Rodriguez Ortega were subjected, and all other persons detained in this case, and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law;
iv. guarantee the respect of human rights and the fundamental freedoms throughout the country in accordance with national laws and international human rights standards, in particular with the Convention Against Torture, ratified by Brasil, and conform to all recommendations made by the Human Rights Committee.

Addresses
· Exmo. Sr. Dr. Fernando Henrique Cardoso, Presidente da República, Praça dos Três Poderes, Palacio de Planalto 3. Andar CEP: 70150-900 Brasilia, DF, Brasil Fax (+ 55 - 61) 322 23 14; 226-75-66; 226-60-37 E-mail: pr@planalto.gov.br.
· Exmo. Dr. José Gregori, Ministro da Justica, Ministério da Justiça, Esplanada dos Ministerios, T, 4. Andar 70.064-900 - Brasília - DF, Brazil. Fax : (+ 55 - 61) 321 15 65 // 226 79 80 // 322 68 17 E-mail : acs@mj.gov.br
· Exmo. Sr. Procurador Geral da República, Sgas L2 Sul. Q.603 Lote 23, 3 andar, Brasilia - DF - 70200-901, Brasil. Fax : (+ 55 61) 223 61 19
· Exmo. Sr. Presidente da Camara dos Deputados, Camara dos Deputados, Palacio do Congresso Nacional, CEP 000 Brasilia - D.F.- Brasil Fax : (+5561) 318 2117

Estado de Sao Paulo
· Geraldo Alckmin, Governador, Tels. (011) 3745-3911, 3745-3344 (PABX)
Palácio dos Bandeirantes, Av. Morumbi, 4500, CEP 05698-900 - São Paulo
· Tel. (011) 3745-3344 (PABX), Fax (011) 3745-3391
Ana Maria Garcia Sandrini, Secretária
Tels. (011) 3745-3913, 3745-3911, 3745-3344 (PABX)
· Procuradora Geral do Estado, Rosali de Paulo Lima, Tel. (011) 3104-4103
Fax (011) 3106-4569, Av. São Luiz, 99 - 4º andar, CEP 01016-905 - São Paulo
Tel. (011) 3104-4101, Fax (011) 3106-8569
Home-page: www.pge.sp.gov.br
E-mail: pge@pge.sp.gov.br
· Secretário de Estado, Antonio Ignácio Angarita Ferreira da Silva, Tels. (011) 3745-3001 / 3793, Fax (011) 3745-3704
· Dalmo do Valle Nogueira Filho, Secretário Adjunto, Tel. (0xx11) 3745-3731,
Fax (011) 3745-3648 , Av. Morumbi, 4.500 - 2º andar, CEP 05698-900 - São Paulo,
Tel. (011) 3745-3344 (PABX), Fax (011) 3745-3704

Please also write to the diplomatic representatives of Brasil in your country.

Geneva, 13 February, 2002

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.