Documentos  

2009-03-26

THE JUSTICE SYSTEM WORKING AGAINST JUSTICE – DECISIONS SET FREE MILITARY AND POLICEMEN ACCUSED OF CRIMES AND RIGHTS VIOLATIONS

2. Reports on the cases and justice decisions

Providencia Case

On 14th June 2008, three young men, David Wilson Florêncio da Silva, 24 years old, Wellington Gonzaga da Costa Ferreira, 19, and Marcos Paulo Rodrigues Campos, 17, residents in the “Providencia” slum (city center) were assassinated, after being arrested and delivered by 11 Army personnel to drug traffickers of the “Mineira’s hill” slum (city center). The Army was in the slum for the project “Social Cement” (reforming houses), launched by senator and – at that time – mayor-candidate of Rio, Marcello Crivella (PRB – Brazilian Republican Party). The fact generated great public commotion and many protests of the community. The deputy Ricardo Dominguez Pereira (4th Station – Civil Police) after hearing the relatives of the victims and an old lady that reported the fact (and, afterwards, the military themselves) perceived he was before and extremely grave case and requested the immediate arrest of these involved: lieutenant Vinicius Ghidetti de Moraes Andrade, (that was in command of) Leandro Maia Bueno, José Ricardo de Araújo, Bruno Eduardo de Fatima, Renato de Oliveira Alves, Júlio de Oliveira Ré, Rafael Cunha da Costa Sá, Sidney de Oliveira Barros, Fabiano Eloi dos Santos, Samuel de Souza Oliveira e Eduardo Pereira de Oliveira.

The public prosecution office accused the military of triple qualified homicide (similar to “murder 1st degree”) and the case was sent to federal judge Marcelo Ferreira de Souza Granado, of 7th federal criminal section, that extended the temporary prison – on 3rd, July, 2008 – for 8 of the accused, but repealed the preventive prison of 3: sargent Bruno Eduardo de Fátima, corporal Samuel de Souza Oliveira and private Eduardo Pereira de Oliveira. The judge understood, after the testimonials “the non-existence of strong evidence of the conscious participation of these military men in the delivery of the young men to the traffickers”. Confirmed by the Federal Justice, on 9th July 2008.

On 21st November 2008, the judge Erik Navarro Wolkart, of the 7th federal criminal section decided for the release of another 5 accused, resulting that, of the 11 initially accused, only 3 of them remained arrested (among them, the lieutenant Vinicius Ghidetti).

Among the allegations for the provisional freedom of the group during the phase of process is the fact that – according to criminal investigation supporting the case – the released military men did not represent a threat to the witnesses of the case. However, that is not the opinion of the mothers and witnesses, who feel threatened and think of moving away. The cases of intimidation and abuse in the area continue (now took over by police). There are several reports in the Rede Contra a Violência website (redecontraviolencia.org), including an occasion in which two militants of the Rede (Patrícia de Oliveira e Marcia Honorato) were in the Providencia and policemen of the 2nd Batallion threatened and shot in their direction. This shows that local Military Police has no sympathy for Rede militants and residents of the slums, representing, therefore, no guarantee against some possible act by the released military men.

The Via Show Case

On the evening of December 5th, 2003, the young boys Geraldo Sant’Anna de Azevedo Junior (21), Bruno Muniz Paulino (20), Rafael Paulino (18) and Renan Medina Paulino (13) went, together, to a show at the nightclub “Via Show”, located at Sao Joao de Meriti (Rio de Janeiro metropolitan area). In the morning of December 6th, they were last seen by friend Wallace Lima, who was also at the nightclub. He affirmed having last seen them around 4:40 at the local parking lot.

The bodies of the young boys were found on December 9th, with marks of torture and rifle shots in the head. The investigations revealed that military policemen (who were doing an extra-work as security guards) attacked the boys, while they were still in the local parking lot. Next, the victims were conducted in three vehicles under firearms threats, to an abandoned farm known as “Morambi”, in the town of Duque de Caxias, where they were brutally executed.

In July 2004, the justice attorney Marcia Guimarães, representative of the public prosecution office offered denounce to the judge of the 4th criminal section of Duque de Caxias, Paulo César de Carvalho, who took in the denounce. The following policemen were indicted: captain Ronald Alves, soldiers Gilberto de Paiva, Luiz Carlos de Almeida, Vagner Luís Victorino, Henrique Vitor de Oliveira Vieira, Fábio Vasconcelos, Paulo César da Conceição e Eduardo Neves dos Santos. The criminal instruction, phase in which the witnesses and the accused ones are heard, was stalled, having several phases, and even the destruction of circumstantial evidence occurred.

On June 9th, 2005, the judge decided for the prison of four of the policemen involved in the “Via Show Massacre”: Paulo César da Conceição, Eduardo Neves dos Santos, Henrique Vitor de Oliveira Vieira e Fábio Vasconcelos, who, at the time, belonged to the 15th battalion (Caxias) and the 21st battalion (Vilar dos Teles). On June 21st, 2006, the first involved in the executions, the soldier Henrique Vitor de Oliveira Vieira was trialed by the court of Duque de Caxias. The juri, by unanimous decision, voted for the condemnation of Henrique Vitor to 25 years and seven months of prison.

On the days of 12/16/2008 and 12/19/2008, the military policemen Paulo César Manoel da Conceição e Eduardo Neves dos Santos, who had been sentenced to 68 years of prison by trial on 08/19/2008, on the accounts of doubly qualified homicide for this case, took benefit of a decision by 6th criminal chamber, and will be able to await appeal’s trial in liberty.

The reporter of the decision was judge Luís Araújo Leite, who had already manifested being pro liberation of the other accused policemen, in other occasions. Diverse strange circumstances surround this decision of liberating the policemen.

The 6th chamber decided for the liberty of the ones that had been sentenced (to very high times in prison, due to qualifications of the brutal homicide) even before the appeal having arrived to second trial,, and even before a request of Habeas Corpus in favor of the policemen. The reporter alleged that the accused were suffering from “embarrassment” in prison.

Another reason for the relatives of the victims fear for their lives with the liberty of these policemen is in the fact that security guards of the Via Show nightclub continue to get involved in accusations of violent crimes. On November 3rd, 2007, José Diego de Oliveira Alencar, 21 years old, and brothers Fábio da Silva, 26, and Alexandre da Silva, 25, were found shot dead in the street Maria Januaria, near the Via Dutra Road, in Sao João de Meriti. The reason would have been a fight within the Via Show nightclub provoked by jealousy. The ones involved in the fight were thrown out of the house by guards. The families of the boys affirm that four armed men in car and motorcycle approached them. Diego tried to run and was shot in the back. His brothers were hit in the face and the neck.

Case Oldemar Pablo Escola de Faria – Sao Gonçalo

On 09/06;2008, during a party at the night club Aldeia Velha, whose owner is Alexandra Durão De Barros Pereira, wife of lieutenant of Military Police Carlos Henrique Figueiredo Pereira, who acts as “security guard” in the house. Between 20:00 and 21:00 a fight started in the hall, the involved were thrown out but the turmoil went on and the party was held. Many people were thrown out, including the lieutenant, who irresponsibly, fired upwards, scaring all and causing them to lie on the floor.

The lieutenant, them, holding his gun, moved towards and attacked a boy, who yield: “my father is policemen”, to which the lieutenant responded it wasn’t; and fired at least another shot (some witnesses mention 2), now, aimed at the boy, who tried to avoid it, but was partially hit in the arm. At least one shot hit he head of Oldemar Pablo Escola de Faria, 17, who was at the party with his girlfriend.

The lieutenant Carlos Henrique tried to escape but had his car surrounded by teenagers that obliged him to assist Oldemar. However, after Oldemar was placed in the car, the lieutenant did not allow anyone else in the car and went out in the wrong way. From the nightclub to the emergency is no longer than 3-minute ride, but Oldemar’s check-in at the hospital only took place half an hour later. Oldemar was hospitalized in induced comma for a week, dying on 09/14/2008.

The Military policemen presented himself to the 72nd police station (São Gonçalo) with the version that he had been attacked by the young boys, who did not spread when he fired upwards, and that only had fired another single time, accidentally, when trying to hit the face of an attacker with the gun, who supposedly was Oldemar. However, at the hospital, it was registered that Oldemar had been hit three shots in the head, fact confirmed by the official autopsy (IML – Official Morgue). As all the witnesses that later testified said, they remembered only one shot upwards, and another one or two, but that precisely only one had hit Oldemar. Relatives and friends, thus, suspect that the other 2 shots were done inside the policemen’s car.

Facing the contradictions in his statements, the lieutenant was arrested and took in the prison-battalion, in Benfica. The public prosecution office, based on the evidence already gathered, requested the provisional prison of the policemen, who belongs to the “battalion of shock” (riot control), in Rio, and gave the address of the battalion as his home address in his testimonial.

On 01/07/2009, the judge of the 4th criminal section of São Gonçalo, Patricia Lourival Acioli, decided that the lieutenant-policemen Carlos Henrique Figueiredo Pereira would await his trial for the homicide in freedom. The judge accepted the speech request of the lieutenant, which makes the case go to jury. However, decided for the liberty of the accused (which was in provisional prison), alleging that “no information that the accused had a behavior tat could indicate that, when loose, could be of threat to public order was brought out during the process”. Well, by itself the fact of the accused being a policeman, considering the history of intimidation and threats done by military policemen in Rio (and Brazil), would be enough to keep the provisional arrest until the trial.

However, it did not end at this point. The relatives of Oldemar reported to the Network of Communities and Movements a series of strange circumstances in the process. The projectiles retrieved from Oldemar’s body in the hospital have not been presented so far, as well as a head exam took when he was in the comma. The case depends strongly of witnesses that were present on 09/06/08, all of them of young age, who are profoundly intimidated by the policemen’s liberation.

The fear of the witnesses has raised even more after the fatal accident that took the life of one of them, Rodrigo de Oliveira Correa Nogueira, 24 years old, last month (january, 09). Rodrigo, who had already testified in the police station, affirmed that he would not testify in trial for fear of what could happen. On 01/05/2009 he was at home when received a phone call, and the left with his motorcycle. The relatives only heard of him again to be informed of him being in the hospital, after a frontal crash, where he came to die in 01/10/2009.

Case Rafael Borges Ferreira e Lindomar Viana da Silva – Acari

on December 26th, 2005, 16 o’ clock, the young boys Rafael Borges Ferreira, 16, and Lindomar Viana da Silva, 20, were returning home from Iraja in the last one’s motorcycle when, at the entry of Acari’s favela, they were halted by 2 military policemen, soldier Flávio Henrique Ferreira da Silva and Flávio Pinheiro who left a police car and ordered them to stop. When stopping the bike, both young men were shot by the same rifle bullet, that went cross Rafael’s neck, hitting Lindomar’s head. Fallen and dead, both young men had their belongings searched by one of the policemen, searching for guns, drugs, but he found none.

The double murder was seen by dozens of people, but only one of them (Marco Antonio Barbosa) presented himself and, in the 39th station, testified that, not only both boys were killen in cold blood, but of the attempt to “plant evidence” in their bodies, two 38’ revolvers.

Ten minutes after, Elizangela, aunt of Lindomar, arrived at the spot, where already was Colonel Murilo Leite, commander of 9th Military Policemen’s Battalion and more than 40 policemen. Elizangela and the witness argued and were attacked by the many policemen, and, mainly, by colonel Murilo himself. With this testimony, and with the prompt action of crime scene experts, the policemen were arrested in the spot, remaining arrested awaiting trial until 2006, when one of them was released without the relatives of the boys knowledge. Later, a decision by judges led the policemen back to prison. On November 30th, 2007, a policeman Flavio Pinheiro was sentenced to 15 years of prison for the homicide. The trial began at 14h30m of 11/29/2007 and went through the evening, until 2h45m in the next day’s morning, when the verdict was then read, with the jury considering the accused unanimously (7×0) guilty. In this occasion, militants of the Network of Communities and Movements who attended the trial, were chased and intimidated (see further report).

On 12/10/2008, policemen Flavio Henrique Ferreira da Silva and Flavio Pinheiro should have gone through a new trial. Flavio Pinheiro, condemned since 11/30/2007, had already gotten the annulment of his sentence in the 7th appeals chamber, fact that the Network only came to know at the session’s start.

The policemen presented themselves in their uniforms and, as soon as judge Sidney Rosa (stepping in for main judge of the 4th section) explained that there was a request of postponing the trial, motioned by the public prosecution’s office, for two reasons: the session had been scheduled after jury’s members random pick; and that, supposedly, a new piece of evidence had come up, “a DVD”, to which public prosecution had requested expert analysis.

The judge did not sustain the first argument, but deferred the second one, postponing the trial. The policemen’s lawyers, alleging that, with the postponing, the provisional incarceration of the accused exceeded “reasonable” standards, requested provisional liberty, which was awarded by the judge.

It is important to remember that, due to the aggressions and menaces suffered in the day of the crime, particularly the ones by the commander of the 9th battalion, Marco Antonio Barbosa had already requested and managed to be included in the witness protection program, where he remained until the first case of the trial, which means that the State itself has acknowledged the gravity of the situation and the risk for people involved.

3. Critique to justice decisions, considering the history of menaces and intimidation by police and/or army

What happens when the State, by the means of the police violence, takes the role of defendant in a lawsuit? What is the possibility of making its acts publicly known, accountable for, of making justice and that all the legal procedures will be respected in the investigation of torture, executions and forced disappearance committed by State agents? What does it mean to bring a policeman to trial in Rio de Janeiro? What is the possibility of a policeman to effectively be penalized?

One of the biggest issues in the way of justice and reparation for the damages caused to the families of victims of police violence – or by State employee, even “off-duty” – is the difficulty in producing incriminating evidence against those responsible. Even when there is vast and undeniable proof, the corporatism gets in the way of the process and/or the witnesses and relatives are intimidated and forced to change their testimonials. Even when sentenced to prison, it doesn’t take long, police-criminals that did not fully did their times are back in the street, and in charge of their public workers functions.

The liberty of military (from Army and Police) involved in cases of murder and forced disappearance represents a risk of death for witnesses, victims’ relatives and militants for the human rights that follow the cases. Having initiates a public denounce against policemen, and not being able to prove it, because the evidence may be constructed or de-constructed by the accused themselves, in their interest, may occur an inversion of the process, where the victim gets accused, becoming the defendant. Other times, the policeman liberty during process may also mean the murder or the disappearance of the witnesses. There is also intimidation and cases of persecution from policemen to militants that follow the judgements. The history of menace and intimidation from police and/or army is big. What follows is a series of meaningful cases.

Case Acari – Edméia assassinated

On July 14th, 1990, policemen from the 9th battalion in their uniforms entered the house of Edméia da Silva Euzébio, arrested three teenagers and demanded an amount of money for their release. Few days later – on July 26th, 1990 – a group that identified themselves as policemen took Cristiane Souza Leite, 16 years-old, Rosana Lima de Souza, 18, Wallace do Nascimento, 17, Edio Nascimento, 41, Luiz Carlos de Vasconcelos, 37, Moisés dos Santos Cruz, 31, Antonio Carlos da Silva, 17, Viviane Rocha, 13, Luiz Henrique Euzébio, 17, Hudson de Souza, 16, and Edson de Souza, 17, from a farm property in Suruí (Mage), where these people were spending their holidays.

The mothers of the disappeared started a search that lasts until today for their children and for justice, and were internationally known as the Mothers of Acari (where the majority lived). The investigation, that received a new registry number in 1998, is open until today under the registry 07/98, in the Homicides Police Station of Baixada Fluminense.

In their fight for justice and denouncing these policemen, the Mothers suffered persecutions, libel, and, one of them, Edméia, was murdered in 07/20/1993 (few days before the Candelaria Massacre). The murderers were never arrested. The murder of Edméia was committed right after a visit to an inmate at the penitential complex Frei Caneca. Days before, Edméia had given a testimony that was made accessible to the accused policemen.

Attempt against Candelaria Massacre survivor

on July 23rd, 1993, more than 70 children and teenagers slept close to the to the Candelaria Church, in Rio de Janeiro, when the city’s police (civil and military) made a surprise attack for their extermination. The result of that episode is known, internationally, as the Candelaria Massacre and was definitively marked in calendar as one of the worse crimes committed against the Human Rights and the Statute for the Child and the Adolescent. 8 children died of rifle shots, without the least chance of defense, and dozens of other were wounded. The exact reason is unknown, but there are strong indications of “settle”, pure and simple elimination, or a a reaction to an assault occurred against the mother of a policemen.

Based on the accusations of the survivors, five policemen were indicted: three were military policemen and one was civil policeman. Immediately, the investigations started. However, with the absence of protection to the witnesses, the children suffered constant threats. In 1994, Wagner Santos, one of the survivors, who had been hit four times on the day of the massacre, suffer new attempt; 4 shots fired at him, willing to stop him from testifying. In October 1995, Wagner identified by photography four other suspect policemen. Three were taken under custody and the other confessed his participation.

In 1994, one of the policemen involved was shot dead by members of the anti-kidnap unity of the Civil Police. The declarations, in the II Court of the Jury, of the other accused attributed the main part of the responsibility for the crimes to this dead former policeman. And ended up freeing of guilt these other five policemen, who were consequentially released. Between the ones considered not guilty, then lieutenant and current Military Police captain Marcelo Ferreira Cortes, which had been recognized by Wagner.

Due to the attempts suffered, the threats and the non-condemnation of the recognized policemen, Wagner did not find another alternative than to flee the country, currently living in Switzerland, where he lives until today.

Until June 1997 another 3 trials were made, resulting in the condemnation of 4 military police officers; two of which confessed their involvment. The 2 military policemen and the civil officer accused right after the massacre were acquitted in December 1996. 2 other military policemen, one of whom had been identified by Wagner dos Santos as being the one who shot him in the face, were released, with no accusation, in May 1995.

Another flaw in the process was the fact that the involved alleged having 5 persons and only 1 car in the crime, while the survivors who were witnesses in the process, affirmed from the start there were 2 cars and 8 persons.

Forced disappearance after police approach in Queimados

Fabio Eduardo Soares Santos de Souza and a friend named Rodrigo Abílio were last seen on 06/09/2003. Fabio’s mother, Izildete Santos da Silva, registered the disappearances (registry no. 001539/0055/03). The disappearance happened in the context of a police approach. The young men were approached by four policemen that were in a police car when returning from a June’ Themes Party taking place in a bar, in the neighborhood of Sao Roque,in Queimados. According to Izildete, the policemen affirmed that only “hassled the boys” and then liberated them. The fact is that the bodies never showed, nor were they ever seen again.

In testimony given by the mother, Izildete affirmed that, on the day of the disappearance military policemen Walter Mario Tenório Mariotini Vali had approached them. Because of her search for information on the whereabouts of the two young men, he policemen made several threats to Izildete, telling her to stop walking in city center of Rio, because her search would end up reopening the suit that had been archived. The mother of this policeman also made a threat to Izildete, saying that if something happened to her son, the other policemen were loose and Izildete “would see”. Other threats were made to Izildete’s son, a handicapped in wheelchair. The policemen said if she didn’t quit her seeking for information and denouncing the case her other son could disappear. Policeman Walter Mario tenorio Mariotini Valim told her to quit denouncing or either he would sue her and, in fact, he came to file a suit against her.

Izildete has had enormous difficulties in proceeding with the case because of lack of information, lack of evidence, the threats suffered and the police station bureaucracy, also found on other official institutions she has sought. This same policeman is accused of participating in the Baixada Massacre.

Case Jorginho da Kelson

On 7th September 2007, in Rocha Miranda, armed men kidnapped the president of Neighbor’s Association of Kelson Slum, in the Penha neighborhood, Jorge da Silva Siqueira Neto, 35 years old, who had denounced to the Security Office (Rio de Janeiro State) that he had been suffering death threats from militia groups.

Nine months before, a militia group had expelled Jorge from Kelson. In April 2008 he went to the Security Office to report the death threats he had been receiving from militia members. The crime happened four days after the release of four policemen from Military Police’s Prison Battalion, who had remained arrested for 72 hours for the suspicion of being part of the that (Kelson) militia group.

The accused policemen and the released ones are from the 16th and 14th battalions, in Olaria and Bangu, respectively: Alexandre Barbosa Batista, André Luiz de Oliveira Lima, Antonio Souza dos Santos, Jorge Henrique Alves dos Santos and Fernando Barcelos. Four of the five were located and taken to the police station for testifying, at the order of general investigator of Military Police colonel Paulo Ricardo Paul, who followed the investigations along with chief of Civil Police, deputy Gilberto Ribeiro. The case was registered by police inspector Luis Cláudio Barrozo and investigated by deputy of 40th station, Altair Pereira Queiroz.

Persecution to Network militants after a trial

On the early hours November 30th, 2007, the military policeman Flávio Pinheiro was condemned to 15 years of prison for the homicide of young men Lindomar and Rafael on December 26th, 2007, at the Acari Slum. The trial began at 14h30m of 11/29/2007 and lasted until 2h45 in the morning of the following day, when the unanimous verdict of guilty was read. There were a big number of policemen present, and some of them followed and threatened two militants of the Rede de Comunidades e Movimentos Contra a Violência.

Around half past midnight two policemen that had also been watching the trial followed Patricia de Oliveira da Silva from the Justice Court to the bus. The policemen approached Patricia saying it was dangerous to be in that area at those hours. Patricia said that she was leaving the trial and that, if something happened to her, everyone was already warned.

Another militant of the Rede, Wanderley da Cunha, usually known as Deley de Acari, stayed in the trial until the end. Around three in the morning, after the end of the trial, policemen who were also present at the trial followed Deley until Praça Tiradentes, where he would pick his bus home. The policemen, in their private car, followed the bus until Acari, and there, Deley saw the same policemen who had threatened him, again.

Death threats suffered by Márcia Honorato

Márcia Honorato, human rights activist in Baixada Fluminense (Rio de Janeiro’s Metro-area), member of “React, Baixada” Forum and of Network of Communities and Movements Against Violence, in many occasions, Márcia has denounced death squads, many times formed of policemen, recognized criminals and, in parallel, assisted victims and their relatives, as in the case of Baixada Massacre. In February 2007, she was approached two times in a menacing way by unknown: on the 18th, at the door of her house, around 19h40m; and on the 21st by two people on a Gol automobile, white, four-doors, license plate LKQ-1319/NI. One of the men carried Civil Police badge and was later recognized by Marcia, by the means of pictures, on the 58th Police Station, as being Fabiano Rabello, responding to process in the 4th Criminal Section for murder of the victims Renato and Fabricio, case in which Marcia got deeply involved.

Once more, on April 8th, 2007, Marcia was at home, when she observed that the front gate was open, which she found strange, for it was always kept closed. So she walked towards to close it and, at that moment, a person that was with another in a motorcycle by the street corner, called her name. Then, got down from the bike, went to her, grabbed her neck and said: “you are an angel; I warned; do you want to die?”. As he was saying it, he was rubbing a gun on her face and she answered, “screw you”. The man, then, fired a shot upwards. The other individual on the bike approached, held the neck of the shooter and said “are you crazy? Do you want to get us in more trouble?”

After, the two men went away and Marcia entered back home. After approximately 20 minutes, however, a military police car stopped in front of her house. From the car, exited 4 persons, three in uniforms, and one without it. Marcia, at first, thought they would have heard about the threat she suffered and were there to help or investigate the facts. But that was not their objective there: they seemed to seek something in the area, as if to erase some trace. Around ten minutes after, they got back in the police car and went away without seeing Marcia, who had been observing from her window.

On the morning of April 22nd, 2007, Marcia was at the Nossa Senhora da Conceição Square in Queimados. When crossing the street a Peugeot vehicle, red, without license, stopped by her side and the driver, who was wearing a balaclava, lowered the glass and said: “beautiful, you are not going to die, you’ll disappear” and left abruptly, with the red light still on.

Those and other threats were object of international denounce by Global Justice and Network in 2007.

Threat to militant of Network by Military Police Colonel

On October 17th, 2007, several people living in the Providencia slum made a pacific and organized demonstration, against violence and abuse that were being systematically committed by local GPAE (special areas patrolling unit). Denounces of the violations, and the manifestation itself, were widely and publicly diffused by Rede and even some organs in the “big press” that were present on the day of the act. Several militants of the Network were also there, including Patricia de Oliveira, who, for years now, has been a militant of human rights in Rio and is the sister of Wagner dos Santos, survivor in the Candelaria Massacre (1993).

The protest began in the slum and went on in March until the Central do Brasil station, because the intent was to get a hearing or, at least, deliver a document to Public Security Secretary in Rio, José Beltrame. Arriving to Central do Brasil, the protesters encountered strong police scheme. Soon, a policemen approached them speaking of the existence of a law against demonstrations in that area. Patricia requested them copy of such law, because she knew it was a traditional stage of public demonstrations. At that moment, another policeman, with the distinctive emblem of colonel, approached and spoke violently to Patricia, saying, “you abused”, and also that he “would beat her face” and “break her”.

“Break”, in the morbid language of police forces of Rio de Janeiro, means kill, or summarily execute. The colonel’s attitude, considering his high post, is extremely grave and a clear example of intimidation through violence against the popular movements and their militants, such as poor population in general. This is an attitude of the repression forces of this country, which has changed very little since the military regime has been considered ended.

Patricia did not get intimidated and, accompanied by witnesses, went to the 4th police station (Republic Square) and filed charges of threat by the policeman, that, as she found out later, was no other than Lieutenant-Colonel of Military Police Edivaldo Camelo, commander of the 5th Battalion of Military Police (Harmony Square). The charges registered generated an investigative process and a lawsuit (2007.800.190960-0) for threat (article 147 of Penal Code) in the 2nd Jecrim (special criminal section of Rio de Janeiro). The colonel did not show at the first hearing, which was unilaterally filed (ended) by the judge of 2nd Jecrim.

Attempt against lawyer Joao Tancredo

the president of the Institute of Human Rights Defenders (IDDH), João Tancredo, suffered an attempt on his life on January 19th, 2008. The car he drove was hit by four shots, two in the glass. The attempt took place near the Red Line (free-way), near Vigario Geral. João Tancredo is only alive to tell the story because he was driving a bulletproof vehicle. The police would arrive to the spot one minute later, but the attackers had already escaped. The police filed the case of “attempt of robbery”, although the lawyer had been receiving threats of death and had already been the target of other attempts.

Situation like this one that could have shut up João Tancredo need to be diffused in every alternative communication vehicles, so they serve as alert and that punishment of those accountable for it is pursued. On the episode of January 19th, the lawyer told: “the report of the policeman that was on the spot is clear. He says that he saw two men in a motorcycle shooting against the Toyota vehicle, and not a driver being approached and trying to avoid giving up his belongings. It is a primary error that this is treated, and, thus, investigated as robbery attempt.”

In interview to JBOnline, João Tancredo raised the possibility of being hunted down. Two days before the attempt, he was in Vigario Geral, in the favela Furqui Mendes, to hear reports of relatives to six young men that would have been killed by policemen in the community, in late 2007. All of them accused a policeman, known as “Predator”. Other facts could also lead investigation to the possible involvement of policemen.

The hypothesis of the police itself being involved in the attempt of murder of Joao Tancredo cannot be disregarded. The lawyer, who is foremost defender of those that not usually have their voice heard in big communication vehicles, those that are tortured of killed, sometimes by allegedly “lost-bullets”, ou massacred, as few years ago in Vigario Geral, or, more recently, in Complexo do Alemao (2007).

Paramilitias: the escape of “Batman” and new deaths

The former policeman Ricardo Teixeira da Cruz, known as Ricardo “Batman”, is accused of belonging to a militia in the West Area of Rio and acting as the group’s killer. Batman is accused of several homicides and was arrested in 2007 at the Lagos Road, in his black Ford Focus few hours after having killed the sargeant of 25th BPM (Cabo Frio) Francisco César Silva Oliveira – Chico Bala – in Cabo Frio, in the “lakes region” of state.

Along with Batman in the, was also former military policeman Jose Carlos da Silva, expelled from corporation in 1999, cape of 27th BPM Wellington Vaz de Oliveira and civil police officer André Luix da Silva Malva, from civil identification office, son-in-law of Rio’s Alderman Jeronimo Guimarães Filho, Jerominho.

On october 28th, 2008, he escaped Bangu VIII prison without handcuffs and through the front door. At least 7 years ago, Ricado Teixeira Cruz, the Batman, is investigated by police for suspicion of being involved murders of the van’s mafia wars, in west area of Rio.

On the day 01/09/2009, Rio’s press informed that the judge that is to receive the attribution of running the process against the paramilitia self-named “Liga da Justiça” (“Justice League”), run by parlamentarians Natalino and Jeronimo Guimarães, was threatened in Campo Grande, in October, few days after the suspicious escape of the policeman from Bangu prison complex. Batman is accused of being the group’s killer and, according to witnesses, has been seen going about West area escorted by actual policemen.

With the escape of Batman, which, according to information from the very Public Security Office of state, as reported by the press, allegedly had a cost of 2 million BRL, the plan to put together a summit of militia to divide the territories of Rio de Janeiro state was resumed and new executions of former allies and group’s rivals occurred. One of the deaths related to the plan of creating the summit is believed to have been the one of Marco Aurélio França Moreira, known as Marcão, in the community of Novo Rio, in Gardenia Azul, on January 14th of 2009. Responsible for the original territory plant of the favela, Marcão rivaled sergeant-fireman and alderman Cristiano Girão (PMN), who ran the main paramilitary group in activity in the neighborhood, according to the Militias’ CPI (CPI – parliamentary inquiry commission) of state.

On the same morning of the murder of Marcão, another enemy of Batman and his group was killed, The bureaucrat from a vans’ company Bruno Pantaleão dos Santos was shot dead in the Campinho road, in Santissimo. Bruno had denounced, in testimony to the Civil Police, to having been target of threats by militia group in which Batman participates.

The sequence of crimes attributed to Batman and his group began on December 26th, 2008, two months after his escape from Bangu VIII. On that occasion, a patrol car of the 35th station (Campo Grande) was attacked in Paciencia. Ten days after a rival and a former ally were killed: sargeant-fireman Carlos Alexandre Cavalcante and retired penitentiary agent Wagner Resende de Miranda.

Afterwards, a series of attacks and murders of military policemen and vans’ companies members, case of bureaucrat Hélio Jorge de Almeida, dead on Marujo square, in Cosmos, on January, 10th, 2009.

On the evening of January 16th, 2009, in Campo Grande, MP sergeant Marco Antonio Barreto Siqueira was executed. On the next day, two military policemen were shot in attacks in Campo Grande and Santa Cruz. On January, 19th, an attack resulted in the death of former military policeman Carlos Henrique Marques da Silva, in the habitations complex Tijolinhos, in Sepetiba.

4. Denounce and need of public expression and pressure on the authorities

The cases reported in this document are good examples that the conduct of repression forces in Brazil has had little change since the military regime was considered ended in the country. As has been denounced for years by social movements and human rights organizations, practices of military dictatorship such as torture, threat, home-breaking, summary executions, offense among others remain sinisterly common in the country, although today its main focus is on the poor population of city and country area, and on the people’s movements that fight for their rights.

Facing the reported facts, we, undersigned, relatives of victims, witnesses and militants in the Network for Communities and Movements against Violence and of Grupo Tortura Nunca Mais (who followed all the cases) feel gravely threatened and outraged by the setting free of these State agents involved in the crimes reported in this document.

It is impossible that judges and other public authority do not know the practices of intimidation, threat and even murder committed by State agents that are being investigated or prosecuted for crimes.

We manifest our repudiation of these Justice decisions and ask that the facts are widely denounced nationally and internationally. We do not accept intimidation and demand the accountability of these military policemen and army soldiers. The accountability of these military agents will be a pedagogical act of construction of respect for human rights.

SIGN THIS DOCUMENT:

Rede de Comunidades e Movimentos Contra a Violência
Grupo Tortura Nunca Mais/RJ
Lilian Gonzaga da Costa (Familiar de vítima – caso Providência)
Siley Muniz Paulino (Familiar de vítima – caso Via Show)
Elizabeth Medina Paulino (Familiar de vítima – caso Via Show)
Adilson Barra de Farias (Familiar de vitima – caso Oldemar Escola de Farias)
Tereza Cristina Escola de Farias (Familiar de vítima – caso Oldemar Escola de Farias)
Wanderley da Cunha (Morador de Acari e militante da Rede de Comunidades e Movimentos Contra a Violência)
Patrícia de Oliveira (Militante da Rede de Movimentos Contra a Violência)
Marco Antônio Barbosa (Testemunha – caso Lindomar e Rafael)

5. authorities to whom protests and manifests can be sent:

(Rio de Janeiro state Governor)
• Governo Estado do Rio de Janeiro
Governador Sérgio Cabral
Palácio Guanabara – Rua Pinheiro Machado, S/N – Laranjeiras

(Secretary for Public Security of Rio de Janeiro state)
• Secretário de Segurança Pública do Estado do Rio de Janeiro
Secretário José Mariano Benincá Beltrame
Praça Cristiano Ottoni, s/nº – 4º andar – Centro, Rio de Janeiro – CEP: 20.221-250

(4th crimes section Court of Duque de Caxias)
• Secretário de Segurança Pública do Estado do Rio de Janeiro
Secretário José Mariano Benincá Beltrame
Praça Cristiano Ottoni, s/nº – 4º andar – Centro, Rio de Janeiro – CEP: 20.221-250

(4th crimes section Court of São Gonçalo)
• 4ª Vara Criminal de São Gonçalo
Juíza Patrícia Lorival Acioli
Rua Getúlio Vargas, 2512 – Bairro Santa Catarina – São Gonçalo

(4th jury court)
• 4ª Vara Criminal de São Gonçalo
Juíza Patrícia Lorival Acioli
Rua Getúlio Vargas, 2512 – Bairro Santa Catarina – São Gonçalo

(7th federal crime court of Rio de Janeiro)
• 07ª Vara Federal Criminal do Rio de Janeiro
Avenida Venezuela 134 Bloco B – 4º andar Cep: 20081312
Rio de Janeiro – RJ
Juízes
Marcello Ferreira de Souza Granado (Titular)
Erik Navarro Wolkart (Substituto no exercício da Titularidade)
Contato
Gabinete (21) 3218-8971
Fax (21) 3218-8972
Secretaria (21) 3218-8973
Cartório (21) 3218-8974
Email 07vfcr@jfrj.gov.br

(Justice Court of Rio de Janeiro)
• Tribunal de Justiça do Rio de Janeiro
Presidente: Luiz Zveiter
Endereço: Avenida Erasmo Braga, 115 – 10º andar – CEP: 20020-903
Tels.: 3133-2100 / 3133-2350

(public prosecution office of Rio de Janeiro)
• Ministério Público do Rio de Janeiro
Procurador-Geral Cláudio Soares Lopes
Av. Marechal Câmara, n° 370 – Centro – Rio de Janeiro, RJ – Brasil – CEP 20020-080 – Telefone (55) (21) 2550-9050

(Justice Ministry)
• Ministério da Justiça
Exmo. Ministro da Justiça
Sr. Tarso Genro
Esplanada dos Ministérios, Bloco T, Cep: 70064-900, Brasília, DF.
Telefones: (61) 429 3101 429 3501

(Federal Secretary of Human Rights)
• Ministério da Justiça
Exmo. Ministro da Justiça
Sr. Tarso Genro
Esplanada dos Ministérios, Bloco T, Cep: 70064-900, Brasília, DF.
Telefones: (61) 429 3101 429 3501

Contacts:
Rede de Comunidades e Movimentos contra a Violência: tel. (21) 2210-2906
Grupo Tortura Nunca Mais / RJ: tel. (21) 2286-8762

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