VERSÃO EM PORTUGUÊS EM ANEXO
Case BRA 031116
Violent killings of children deprived of liberty/Torture and
Ill-Treatment/ Fear for personal safety and physical integrity of children in
the socio-educative system of Pernambuco
The International Secretariat of the World
Organisation Against Torture (OMCT) and the Gabinete de Assessoria
Jurídica às Organizações Populares (GAJOP) request your URGENT
intervention in the following situation in the
state of Pernambuco, Brazil.
Brief description of the situation
The International Secretariat of the World Organisation Against Torture (OMCT) and the Gabinete de Assessoria Jurídica às Organizações Populares (GAJOP) have been informed by reliable sources about the death in just one week (25-31 October 2016) of 11 teenagers during riots in two units of deprivation of liberty in the State of Pernambuco, Brazil.
In the early morning of the 25 October 2016 there was a riot at the Unit Centro de Atendimento Socioeducativo of Timbaúba (CASE/Timbaúba) where 4 teenagers died and many others were injured. [1] During the visit of inspection in the unit, after the riot[2], we received information that one teenager that died was in a “punishment cell”[3], handcuffed, when he was surprised by the aggressors without possibility of defense.
Following the events, in the night of the 30 October 2016, a new riot happened in another socio-educative unit of the state, CASE Caruaru, that resulted in the death of 7 teenagers leaving many others injured.[4] GAJOP had visited this unity a few weeks before and informed the State of the imminent possibility of a violent riot. According to testimonies, the killings were a response to a beating with iron bars, conducted by state officials that work in the unit, the night before.[5] The youngsters have also claimed that state officials themselves incited violence among them.
According to the same information and our own evidence, these units are often overcrowded; have precarious infrastructure and systematic practices of torture and ill-treatment by “socio-educative officials”. A situation that places in imminent danger all the 1.526 children that are still under custody in the state of Pernambuco, and particularly the 200 children that are still deprived of liberty in the CASE/Caruaru (that has a capacity for 90 children), and the 58 children that are in the CASE/Timbaúba. Just in 2016 there have been already 16 riots in the 23 units of deprivation of liberty in the Juvenile Justice System of Pernambuco. [6]
Other characteristics of those units are insufficient and bad quality food, and the great lack of social and educational activities aiming their reinsertion in society.
Background Information
These deaths happened in the context of a crisis in
the socio-educative system of the State with serious violations of human rights
of children deprived of liberty and a sequence of riots that resulted in deaths
and institutionalized practices of torture, that have killed in the past 5
years 40 children deprived of
liberty under State custody just in that state. The great majority of those
killings were brutal, by decapitation, dismemberment, children burned alive, or
killed with improvised weapons.
States have a positive obligation to take special measures
to guarantee fundamental rights of children deprived of liberty, including
their right to life, physical and psychological integrity, in accordance with
their best interest.
The state of Pernambuco counts with a state mechanism
for the prevention and fight against torture, that realizes daily monitoring
visits to different centres. In addition, this year the National Preventive
Mechanism has also realized monitoring visits in those units and so did the UN
Subcommittee for the Prevention of Torture (SPT) in their last visit. Civil society has been sending periodically
reports to state and international institutions about the harshening of the
situation of children deprived of liberty in this state.[7] Despite all those efforts,
governmental actions have been superficial and inefficient[8], indicating a disdain for
monitoring bodies and the non-compliance with its recommendations, and with
national and international legislation on rights of children.
Action
requested
Please write to the authorities of Brazil urging
them to:
i.
Take all
necessary measures to improve substantially the conditions of detention of
children and make profound reforms in the socio-educative system; in
particular, with more urgency, to fight against the over-crowdedness and
improve access to educational activities for children deprived of liberty;
ii. Use deprivation
of liberty of children as a last resort, and for the minimum necessary period,
taking into account the best interest of the child. In addition, alternative
measures to deprivation of liberty must be promoted with the objective of a
complete reintegration of children into society;
iii.
Implement safeguards for the protection of children deprived of liberty
and guarantees that all deaths and allegations of torture will be investigated
immediately, diligently and impartially, and that law enforcement
officers responsible for such abuses against children deprived of liberty will
be duly prosecuted and punished according to the law. Furthermore, to ask
that the Fundação de Atendimento Socioeducativo em Pernambuco
(FUNASE) publishes monthly reports about the investigations and criminal, civil
and administrative sanctions that are been applied to state officials, as well
as the number of deaths and injuries in socio-educative centres;
iv. Urgently take all
necessary measures to guarantee the safety, physical and psychological
integrity of children deprived of liberty in the state of Pernambuco;
v. Ensure
that all children affected by riots are examined by independent doctors and
receive an adequate medical assistance. To ensure as well that, in relation to
the children that have died in the riots, their bodies are released to their
families, after comprehensive medical examinations, in a reasonable period of
time, as promptly as possible;
vi. Give
adequate reparation to the families of children that died under State custody;
vii. Guarantee
that a state response is in conformity with the Convention of the Rights of the
Child, the Convention against Torture, the Inter-American Convention on Human
Rights, and other international and national laws that protect children.
Adresses :
·
Sr.
Michel Miguel Elias Temer Lulia – President of Brazil. Fax:(61) 3411.2222 - gabinetepessoal@presidencia.gov.br
·
Sr. Alexandre de Moraes – Minister of Justice and Citizenship. Fax: (61) 2025.9556
- agenda.ministro@mj.gov.br - chefiadegabinete@mj.gov.br
·
Sr. José Serra – Minister of Foreign Affairs. (61) 2030.8097
- sg@itamaraty.gov.br
·
Sra. Regina Maria Cordeiro Dunlop – Ambassador of the Permanent
Mission of Brazil in Geneva - FAX: + 41 22 910 0751 - delbrasgen@itamaraty.gov.br
· Sra.
Flavia Piovesan – National Secretary for Human Rights - 61 2025.3900 - direitoshumanos@sdh.gov.br -
·
Sr. Claudio Augusto Vieira da Silva – Coordinator of the National
Socio-educative System of the Human Rights Secretariat - claudio.silva@sdh.gov.brf
·
Sr. Rodrigo Janot – Federal Attorney General - Fax: (61) 3005.3156
- rodrigob@pgr.mpf.gov.br
·
Sr. Paulo Henrique Saraiva Câmara – Governor of the state of Pernambuco - governo@governadoria.pe.gov.br
·
Sr. Isaltino Nascimento – Secretary of Social
Development, Children and Youth of the state of Pernambuco- isaltino_nascimento@yahoo.com.br / isaltinonascimento.sdscj@gmail.com
·
Sr. Fábio Paes – President of the National Counsel for Children and Adolescents - Fax: (61) 3224.8735 - conanda@sdh.gov.br
·
Sra. Lourdes Vinokour – President of the State Council for the Defence of
the rights of Children and Adolescents in Pernambuco- Fax: (81) 3184.7000 - cedca@cedca.pe.gov.br
Please also write to the diplomatic representations
of Brazil in your respective countries.
Kindly inform us of any action undertaken quoting
the code of this appeal in your reply.
For
more information :
Rodrigo
Deodato (GAJOP) - e-mail: gajop@gajop.org.br , tel: 55 81 9 9244 0067
Carolina
Bárbara (OMCT)- e-mail: cb@omct.org, tel: +41 228094939
[1] More info : http://agenciabrasil.ebc.com.br/geral/noticia/2016-10/rebeliao-de-jovens-infratores-deixa-tres-mortos-e-oito-feridos-em-pernambuco ; http://radiojornal.ne10.uol.com.br/noticia/2016/10/26/interno-ferido-em-rebeliao-na-funase-de-timbauba-morre-na-restauracao-50189
[2] https://www.timbaubaagora.com/noticia/2016-10-26/Entidades-cobram-posicionamento-do-estado-sobre-mortes-na-Funase-de-Timbauba
[3] The so called « Punishment
Cells” are places with reinforced security used to avoid flights, or as
punishment for transgression of rules. The place is also used to protect
teenagers that have received death threats.
Since it is a “protected location” the use handcuffs cannot be
justified. In addition, the access of other inmates to the location raises
questions concerning the direct involvement of prison guards.
[4] http://www.diariodepernambuco.com.br/app/noticia/vida-urbana/2016/10/31/interna_vidaurbana,672771/rebeliao-na-funase-de-caruaru-deixa-sete-adolescentes-mortos.shtml
[5] http://www.folhape.com.br/noticias/noticias/cotidiano/2016/11/02/NWS,4745,70,449,NOTICIAS,2190-MOTIM-FUNASE-PODE-TER-SIDO-INCITADO-DIZ-GAJOP.aspx
[6] http://g1.globo.com/pernambuco/noticia/2016/11n/ovo-presidente-da-funase-quer-reduzir-numero-de-jovens-internados.html
[7] http://www.folhape.com.br/noticias/noticias/cotidiano/2016/10/06/NWS,1451,70,449,NOTICIAS,2190-RELATORIO-APRESENTADO-ONU-MOSTRA-SITUACAO-SISTEMA-SOCIOEDUCATIVO-BRASIL.aspx ; http://tvjornal.ne10.uol.com.br/noticia/ultimas/2013/11/13/ongs-denunciam-a-onu-violencia-e-falta-de-estrutura-nas-funases-de-pernambuco-10744.php
apelourgente_bra2016_pt.pdf
4 pages / 813 KB
urgentappeal_bra2016_en.pdf
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