Brazil
29.05.02
Urgent Interventions
Brazil: impunity of an alleged torturer
Case BRA 290502
Impunity
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Brazil.
Brief description of the situation
The International Secretariat of OMCT has received information from Grupo Tortura Nunca Más / RJ (GTNM), on the impunity enjoyed by the perpetrators of the torture, threats and ill-treatment to which Mr. Carlos Abel Dutra García was subjected while in detention at the Superintendence of Federal Police of Rio de Janeiro, in Brasil.
According to the information received, in May 2002, the current Superintendent of the Federal Police of Rio de Janeiro, officer Marcelo Nogueira Itagiba, ordered officer Roberto Jaureguiber Prel Júnior to investigate the attack that the Secretary of Citizenship and Human Rights in the State of Rio de Janeiro suffered on May 14th, 2002. He also represents the Federal Police of RJ in an agreement known as the "Força Tarefa”, which federal and state governments envisage will combat violence in the state. Roberto Jaureguiber Prel Júnior had been accused of being responsible for the torture to which Mr. Carlos Abel Dutra García was subjected, but on April 2001, he was allowed to return to his previous post.
The International Secretariat of OMCT is gravely concerned by the fact that a police officer who should be suspended from its public functions for violating human rights, namely officer Roberto Jaureguiber Prel Júnior, not only continues to enjoy impunity, but is responsibile for the protection of the security of citizens and institutions of the State of Rio de Janeiro. OMCT is also concerned by the security and physical and psychological integrity of Mr. Carlos Abel Dutra García and his family.
Background
According to the reports, on August 20th, 1996, Mr. Carlos Abel Dutra García was arrested in the street and taken to the Superintendence of the Federal Police of Rio de Janeiro. Mr. Carlos Abel Dutra García was reportedly severely ill-treated and beaten by various officers both during his arrest and at the police station. Mr. Carlos Abel Dutra García was hit on the face and his head was banged against the walls, until he fell unconscious. According to the report, when he lost consciousness, the officers pulled him up by the hair and beat him again for several minutes; while his mouth and nose bled, another policeman aimed his gun to his head saying “we are going to finish with him”. He was tortured until about 2a.m., after which he was placed in a cell. One hour later the police poured cold water on him in order to wake him up because his family had sent a lawyer who had requested to see him. The lawyer was informed that Mr. Carlos Abel Dutra García was charged with “contempt for authority and aggression”, he was declared innocent of these charges on 1997.
According to the information received, Mr. Carlos Abel Dutra García was released on the night of August 21st, 1996, following which he underwent a medical exam performed by Medicina Legal, who established that the he had been assaulted while in detention. Mr. Carlos Abel Dutra García then filed a complaint for abuse of authority and aggression; At the time there was no adequate legislation against torture, therefore it was not possible to file a complaint of torture. However his case was taken again on August 2000 by the Special Rapporteur on Torture of the United Nations as one of those “cases that served as examples of the existence of torture.”
According to the report, since a criminal complaint was filed against 7 members of the police: Roberto Jaureguiber Prel Júnior - Federal Police officer; Luiz Amado Machado - Federal Police officer; Sérgio Vinicius de Oliveira - Federal Police officer; Anísio Pereira dos Santos – officer; Carlos Pereira Silva - delegate; Luiz Oswaldo Vargas de Aguiar–judicial secretary of the Federal Police, and Carlos Alberto Emiliano da Silva – Operational assistant of Diverse Services, the case was pursued by the court, but because of bureaucratic obstructions the case was filed after two out of the seven perpetrators were granted “habeas corpus”. Roberto Jaureguiber Prel Júnior was suspended from work when the complaints were made public.
According to the report, during this time, Mr. Carlos Abel Dutra García was repeatedly sent death threats and harassed, so that he was forced to leave his home to protect his family. Not only did he continue to receive threats, but he was also fired from his job in Petrobás / FRONAPE, after taking several days off for health related problems, since because of his work he had suffered four back hernias.
Action requested
Please write to the authorities in Brazil urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of Carlos Abel Dutra García and his family;
ii. order a thorough and impartial investigation into the circumstances of these events and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law;
iii. take all adequate measures to put an end to the use of torture by the authorities in detention centres, and the impunity enjoyed by the perpetrators of this attack;
iv. guarantee adequate reparation to Carlos Abel Dutra García;
v. 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 Brazil, and conform to all recommendations made by the Human Rights Committee, in particular abide by the American Convention of Human Rights, and the International Pact of Civil and Political Rights.
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 : (+55 61) 318 21 17
Estado de Rio de Janeiro:
· Governadora do Estado do Rio de Janeiro, Sra. Benedita da Silva, Palácio da Guanabara – Rua Pinheiro Machado, s/n Laranjeiras, e-mail : Governadorrj@gabgovernador.rj.gov.br Fax: (+21 2) 553 61 62
· Superintendente da Polícia Federal do Rio de Janeiro, Dr. Marcelo Nogueira Itagiba, Av. Rodrigues Alves, nº 1 - 3º andar - Centro - Cep: 20081 250.
Tel: (+21 2) 291 21 42. Fax: (+21 2) 253 34 54
· Ministro da Justiça, Dr. Miguel Reale Júnior, - Esplanada dos Ministérios Bloco T 4º andar - Cep: 70064 900. Brasília D.F. e-mail : gabinetemj@mj.gov.br
· Secretário de Estado de Direitos Humanos, Dr. Paulo Sérgio Pinheiro, Ministério da Justiça - Esplanada dos Ministérios Bloco T - Cep: 70064 900 - Brasília D. F. e-mail : sedh@mj.gov.br
Please also write to the diplomatic representatives of Brazil in your country.
Geneva, 29th May, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
Impunity
The International Secretariat of OMCT requests your URGENT intervention in the following situation in Brazil.
Brief description of the situation
The International Secretariat of OMCT has received information from Grupo Tortura Nunca Más / RJ (GTNM), on the impunity enjoyed by the perpetrators of the torture, threats and ill-treatment to which Mr. Carlos Abel Dutra García was subjected while in detention at the Superintendence of Federal Police of Rio de Janeiro, in Brasil.
According to the information received, in May 2002, the current Superintendent of the Federal Police of Rio de Janeiro, officer Marcelo Nogueira Itagiba, ordered officer Roberto Jaureguiber Prel Júnior to investigate the attack that the Secretary of Citizenship and Human Rights in the State of Rio de Janeiro suffered on May 14th, 2002. He also represents the Federal Police of RJ in an agreement known as the "Força Tarefa”, which federal and state governments envisage will combat violence in the state. Roberto Jaureguiber Prel Júnior had been accused of being responsible for the torture to which Mr. Carlos Abel Dutra García was subjected, but on April 2001, he was allowed to return to his previous post.
The International Secretariat of OMCT is gravely concerned by the fact that a police officer who should be suspended from its public functions for violating human rights, namely officer Roberto Jaureguiber Prel Júnior, not only continues to enjoy impunity, but is responsibile for the protection of the security of citizens and institutions of the State of Rio de Janeiro. OMCT is also concerned by the security and physical and psychological integrity of Mr. Carlos Abel Dutra García and his family.
Background
According to the reports, on August 20th, 1996, Mr. Carlos Abel Dutra García was arrested in the street and taken to the Superintendence of the Federal Police of Rio de Janeiro. Mr. Carlos Abel Dutra García was reportedly severely ill-treated and beaten by various officers both during his arrest and at the police station. Mr. Carlos Abel Dutra García was hit on the face and his head was banged against the walls, until he fell unconscious. According to the report, when he lost consciousness, the officers pulled him up by the hair and beat him again for several minutes; while his mouth and nose bled, another policeman aimed his gun to his head saying “we are going to finish with him”. He was tortured until about 2a.m., after which he was placed in a cell. One hour later the police poured cold water on him in order to wake him up because his family had sent a lawyer who had requested to see him. The lawyer was informed that Mr. Carlos Abel Dutra García was charged with “contempt for authority and aggression”, he was declared innocent of these charges on 1997.
According to the information received, Mr. Carlos Abel Dutra García was released on the night of August 21st, 1996, following which he underwent a medical exam performed by Medicina Legal, who established that the he had been assaulted while in detention. Mr. Carlos Abel Dutra García then filed a complaint for abuse of authority and aggression; At the time there was no adequate legislation against torture, therefore it was not possible to file a complaint of torture. However his case was taken again on August 2000 by the Special Rapporteur on Torture of the United Nations as one of those “cases that served as examples of the existence of torture.”
According to the report, since a criminal complaint was filed against 7 members of the police: Roberto Jaureguiber Prel Júnior - Federal Police officer; Luiz Amado Machado - Federal Police officer; Sérgio Vinicius de Oliveira - Federal Police officer; Anísio Pereira dos Santos – officer; Carlos Pereira Silva - delegate; Luiz Oswaldo Vargas de Aguiar–judicial secretary of the Federal Police, and Carlos Alberto Emiliano da Silva – Operational assistant of Diverse Services, the case was pursued by the court, but because of bureaucratic obstructions the case was filed after two out of the seven perpetrators were granted “habeas corpus”. Roberto Jaureguiber Prel Júnior was suspended from work when the complaints were made public.
According to the report, during this time, Mr. Carlos Abel Dutra García was repeatedly sent death threats and harassed, so that he was forced to leave his home to protect his family. Not only did he continue to receive threats, but he was also fired from his job in Petrobás / FRONAPE, after taking several days off for health related problems, since because of his work he had suffered four back hernias.
Action requested
Please write to the authorities in Brazil urging them to:
i. take all necessary measures to guarantee the physical and psychological integrity of Carlos Abel Dutra García and his family;
ii. order a thorough and impartial investigation into the circumstances of these events and guarantee that those responsible are brought to trial and that the penal, civil and/or administrative sanctions are applied as provided by law;
iii. take all adequate measures to put an end to the use of torture by the authorities in detention centres, and the impunity enjoyed by the perpetrators of this attack;
iv. guarantee adequate reparation to Carlos Abel Dutra García;
v. 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 Brazil, and conform to all recommendations made by the Human Rights Committee, in particular abide by the American Convention of Human Rights, and the International Pact of Civil and Political Rights.
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 : (+55 61) 318 21 17
Estado de Rio de Janeiro:
· Governadora do Estado do Rio de Janeiro, Sra. Benedita da Silva, Palácio da Guanabara – Rua Pinheiro Machado, s/n Laranjeiras, e-mail : Governadorrj@gabgovernador.rj.gov.br Fax: (+21 2) 553 61 62
· Superintendente da Polícia Federal do Rio de Janeiro, Dr. Marcelo Nogueira Itagiba, Av. Rodrigues Alves, nº 1 - 3º andar - Centro - Cep: 20081 250.
Tel: (+21 2) 291 21 42. Fax: (+21 2) 253 34 54
· Ministro da Justiça, Dr. Miguel Reale Júnior, - Esplanada dos Ministérios Bloco T 4º andar - Cep: 70064 900. Brasília D.F. e-mail : gabinetemj@mj.gov.br
· Secretário de Estado de Direitos Humanos, Dr. Paulo Sérgio Pinheiro, Ministério da Justiça - Esplanada dos Ministérios Bloco T - Cep: 70064 900 - Brasília D. F. e-mail : sedh@mj.gov.br
Please also write to the diplomatic representatives of Brazil in your country.
Geneva, 29th May, 2002
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.