Organization of American States



FOLLOW-UP FACTSHEET OF REPORT NO. 33/04

CASE 11.634

JAILTON NERI DA FONSECA

(Brazil)

I. Summary of Case

|Victim(s): Jailton Neri da Fonseca |

|Petitioner(s): Center for Justice and International Law (CEJIL), Pedro Roberto da Silva Pereira |

|State: Brazil |

|Merits Report No: 33/04, published on March 11, 2004 |

|Admissibility Report: Analyzed in the Merits Report No. 33/04 |

|Themes: Domestic Legal Effects / Right to Life / Right to Humane Treatment / Right to Personal Liberty / Rights of the Child / Right to a Fair|

|Trial / Right to Judicial Protection / Summary, extrajudicial or arbitrary executions / Excessive Use of Force / Military Jurisdiction / |

|Racial discrimination |

|Facts: Jailton Neri da Fonseca, a child residing in the favela [shantytown or slum neighborhood] of Roquete Pinto, at Praia de Ramos [Ramos |

|Beach], in the city of Rio de Janeiro, was summarily executed by members of the military police from the Ramos Community Police Station, a |

|police unit located in that place. Jailton Neri da Fonseca was 14 years old when he was killed, and that he was the only surviving son of Mrs.|

|Maria dos Santos Silva, a 40-year old widow who had a son, Marco Neri da Fonseca, 18 years old, who had been allegedly murdered by the |

|military police, and another son, Alexandre, who died at 14 years of age of pulmonary edema. |

|Rights violated: The Commission concludes that the State of Brazil is responsible for violating the right to personal liberty, the right to |

|human treatment, the right to life, the right to special measures for the protection of children, the right to judicial protection, and the |

|right to a fair trial, as established in Articles 7, 5, 4, 19, 25, and 8, respectively, of the American Convention. The Commission further |

|determines that the State was in breach of its duty to adopt measures of domestic legislation, pursuant to the terms of Article 2 of the |

|American Convention, and that it also violated its obligation under Article 1(1) to respect and ensure the rights established in the |

|Convention. |

II. Recommendations

|Recommendations |Status of compliance in 2019|

|1. That it make full reparations, in consideration of both moral and material damages, to the next of kin of|Total compliance[1] |

|Jailton Neri da Fonseca, for the human rights violations determined in this report, and, more specifically, | |

|that it do the following | |

|2. Ensure a full, impartial, and effective investigation into the crime conducted by nonmilitary organs, |Pending compliance |

|with a view to establishing responsibility for the acts related to the detention and murder of Jailton Neri | |

|da Fonseca and punishing the responsible parties. | |

|3. Pay the next of kin of Jailton Neri da Fonseca compensation computed in accordance with international |Total compliance[2] |

|standards, in an amount sufficient to make up for both the material damages and the moral damages suffered | |

|on the occasion of his murder. | |

|4. Amend Article 9 of the Military Criminal Code and Article 82 of the Code of Military Criminal Procedure, |Pending compliance |

|in addition to any other domestic legal provisions that need to be amended to abolish the competence of the | |

|military police to investigate human rights violations committed by members of the military police, and | |

|transfer that competence to the civilian police. | |

|5. Adopt and implement measures to educate officers of the justice system and members of the police to |Partial compliance |

|prevent acts involving racial discrimination in police operations, and in criminal investigations, | |

|proceedings, or sentencing. | |

|6. Adopt and implement immediate actions to ensure compliance with the rights established in the American |Partial compliance |

|Convention, in the Convention on the Rights of the Child and in other national and international norms | |

|concerning the subject, so that the right to special protection of the child becomes effective. | |

III. Procedural Activity

1. On February 12, 2019, the IACHR held a working meeting during its 171st period of sessions.

2. In 2019, the IACHR requested updated information on compliance from the State on July 10, 2019. On August 9 and October 2, the State asked for an extension successively. By means of a note received by the IACHR on October 24, the State presented said information.

3. In 2019, the IACHR requested updated information on compliance from the petitioners on July 10, 2019. On August 10, the petitioners asked for an extension and submitted said information on September 30, 2019.

IV. Analysis of the information presented

4. The Commission considers that the information provided by the State is relevant, given that it is up to date and comprehensive on measures related to the compliance with at least one of the recommendations issued in Merits Reports No. 33/04. The Commission values positively that, after 9 years, the State has provided information.

5. The Commission considers that the information provided by the petitioners is relevant, given that it is up to date and comprehensive on measures related to the compliance with at least one of the recommendations issued in Merits Reports No. 33/04.

V. Analysis of compliance with the recommendations

6. Regarding Recommendation 2, in 2019, the State informed the Commission that, in criminal proceedings No. 9630/95, on March 12, 1996, the Permanent Council of Military Justice had unanimously acquitted the military police accused of the death of Jailton Neri da Fonseca. It stated that the decision is final and therefore precludes any appeal or the initiation of new criminal proceedings against the same accused with a view to investigating the same facts. In this regard, the State cited Article 8.4 of the American Convention. The State further reported that, as regards the accused ​​Cabos Heliomar Coutinho Antunes, Eduardo Bezerra de Mattos, and Nilton Oliveira do Nascimento, the Secretariat for Public Security had reported that the database feeding the “legal office (delegacia legal)” became operational in 2000, so that it is impossible to locate police records of events or investigation prior to that date.

7. In 2018, the petitioners reiterated that, to date they have no knowledge of actions taken by the Brazilian State to investigate the facts and prosecute, in the civilian justice system, the military police agents involved: Cabos Heliomar Coutinho Antunes, Eduardo Bezerra de Mattos, Nilton Oliveira do Nascimento, and Third Sergeant Adilson Bruno de Andrade. According to the petitioners, the officers involved have continued performing their regular duties since the time of the events. In one case, police agent Adilson Bruno de Andrade was transferred to the Remunerated Reserve in October 2011, having completed 33 years of service. In fact, he received awards throughout his career for having achieved excellent results participating in actions that led to the arrests of lawbreakers and seizures of weapons and drugs, “which demonstrates high-level professional skill”. In 2019, the petitioners reiterated the information submitted in 2018 and maintained that, based on information received from the State, it was impossible to reopen investigations in the domestic jurisdiction, which, in their opinion, disregards this recommendation.

8. The IACHR notes that the information presented by the State was reported prior to publication of the Merits Report No. 33/04. It recalls that the Commission established in said Report that the State had failed to fulfill its obligation to conduct an effective and adequate investigation of the murder of child Jailton Neri by military agents. It further established that it had denied his next of kin the guarantee of an impartial, appropriate, and effective trial under domestic law with a view to punishing those responsible for his murder[3]. In this regard, the Commission considers that the State's argument about the impossibility of investigating those allegedly responsible because of the acquittal issued by the Permanent Council of Military Justice on March 12, 1996 is inadmissible. The Commission once again points out that the ne bis in idem principle is not an absolute right and does not apply when the proceedings were not conducted independently or impartially in accordance with due procedural guarantees.[4] Given that in this case the Commission determined in its the Merits Report Nº 33/04 that the proceeding that led to the acquittal of the accused was not impartial, appropriate, or effective, the State cannot invoke the ne bis in idem principle in order to ignore this recommendation. In this sense, the Commission notes with concern that since the issuance of Report on Merits No. 33/04, the Brazilian State has not reported about substantive actions taken to investigate, through the civilian justice system, all persons responsible for the detention and murder of Jailton Neri da Fonseca. For this reason, the IACHR invites the Brazilian State to adopt actions to comply with this recommendation and, in particular, to determine the circumstances surrounding the extrajudicial execution of Jailton Neri da Fonseca. Based on the foregoing, the IACHR concludes that this recommendation is pending compliance.

9. Regarding Recommendation 4, in 2019, the State pointed out that investigation into the intentional offense of taking a civilian's life committed by a military police officer must be conducted by the civilian police acting in its judicial police function under Article 144.4 of the Federal Constitution. Accordingly, the State indicated that Law Nº 9.299 of 1996 had supported inclusion of paragraph 2 in Article 82 of the Military Code of Criminal Procedure, establishing that in cases involving the intentional offenses against civilian's lifes, the Military Justice system shall refer the investigation of the military police to the ordinary justice system.

10. In 2018, the representatives of the victims reported that with the modifications to Article 9 of the Military Criminal Code and Article 82 of the Military Code of Criminal Procedure, by Federal Law No 9.299/1996, only intentional crimes against life committed against civilians have been transferred to civilian jurisdiction, with all other crimes perpetrated by military police agents against civilians remaining under military jurisdiction. Neither did these modifications repeal the jurisdiction of the military police over the investigation of crimes of intentional homicide committed by military police agents against civilians. According to current law, the military police still have jurisdiction to conduct investigations, thus compromising the impartiality of investigations and potentially resulting in insufficient evidence for criminal prosecution. Likewise, a dispute about this issue, framed as Direct Action of Unconstitutionality No. 4.164/DF, is awaiting a ruling by the Federal Supreme Court.

11. The petitioners pointed out that Law 9.299/1996 has been analyzed by the Commission on several occasions, such as the Report on Merits of this case and other similar cases[5]. Further, during the on-site visit to Brazil in 1997, the Commission, when stating its position about the effects of that law, underscored that “military police agents will continue to be prosecuted in a privileged legal forum when it comes to crimes against persons, such as “culpable homicide, bodily injury, torture, kidnapping, extortion, and beatings”[6]. As for investigation of these crimes, the IACHR expressed its concern that investigation (“inquérito”) remains under the responsibility of the military authority, despite the law indicating that it should be moved to the sphere of civilian justice[7]. The representatives of the victims recalled that in the Report on Merits of this case, the IACHR determined that “[…] the Military Police and military tribunals do not have the independence and autonomy needed to investigate or prosecute with impartiality the alleged violations of human rights presumably committed by military police agents”[8].

12. In December 2004, in Brazil, Constitutional Amendment No. 45 was enacted, which modified Paragraph 4 of Article 125 of the Federal Constitution to determine the competence of panel judges (competência do júri) to prosecute and try members of the military for intentional crimes against life committed against civilians. However, the representatives pointed out that on October 13, 2017, Federal Law No. 13.491 was enacted, which represents a serious regression from the international standard established for military jurisdiction. This is so, because Law 13.491 modifies the Military Criminal Code, giving jurisdiction to Military Justice in cases where military agents commit intentional crimes against the lives of civilians in the following contexts: (i) fulfillment of powers established by the President of the Republic or the Minister of State for Defense; (ii) actions that involve the security of a military installation or mission, even if not belligerent, or (iii) activity that is by nature military, of peace operations, of guaranteeing law and order, or subsidiary thereto, as provided by national law. Therefore, and keeping in mind that this case addresses the extrajudicial execution of a black teenager that was last seen being detained by military police agents, the representatives consider that compliance with this recommendation has not been full. In 2019, the petitioners reiterated the information remitted to the Commission in 2018.

13. In October 2018, at the conclusion of its on-site visit to Brazil, the IACHR reiterated its rejection of the modifications to the Military Criminal Code through Law No. 13.491/17, by which intentional homicides of civilians perpetrated by agents of the armed forces would be prosecuted by military tribunals.[9] Thus, it recommended that the State “make the necessary legislative adjustments to guarantee that criminal cases in which those responsible are military agents be heard by courts of civilian jurisdiction, not by military criminal tribunals, so as to prevent impunity for human rights violations.”[10] Taking into account the fact that the State did not remit information regarding any amendment to Law Nº 13.491/17 or about additional actions conducive to compliance with this recommendations, the IACHR concludes that compliance with this Recommendation 4 is pending.

14. Regarding Recommendations 5 and 6, in 2019, the State reported that the Secretariat of Policies to Promote Racial Equality (SEPPIR) of the Ministry for Women, the Family, and Human Rights has taken vigorous steps to overcome racial inequalities. Thus, it mentioned the National Plan for the Prevention of Violence (Plan Juventud Viva), which is currently being reformulated and geared to the social inclusion of young, mainly Afrodescendent, people aged 15 to 29, who live in circumstances of social vulnerability or exposed to violence. Regarding institutional racism, the State reported that, in 2017 and 2018, SEPPIR had conducted the Mediators and Social Peace-builders Course to train public security agents and community leaders and make them more sensitive to institutional racism. It stated that, thus far, the Project has provided training to some 3,000 people in different states in the Federation. It pointed out that, in 2018, more than 100 public security officers in Rio de Janeiro had received Training Course certificates. The State also reported that, through the National Public Security Secretariat and with support from the United Nations Development Programme (UNDP), between 2004 and 2011, the Ministry of Justice and Public Security had trained approximately 11,480 public security professionals in "Human Rights Training Days" in which the State had invested some R$ 1,550,000.00. In addition, the State maintained that the National Public Security Distance Education Network (Red EaD / SENASP) is a continuous training tool. With respect to human rights, it had conducted more than 115,000 trainings between 2010 and 2018, thanks to an investment of approximately R$ 5,700,000.00 in courses on "Police Action against Vulnerable Groups"; "Differentiated Use of Force"; "Non-lethal Police Techniques and Technologies"; "Human Rights Philosophy Applied to Police Action II - Case Studies"; "Preventing and Confronting Torture"; "Program to Protect Children and Adolescents Threatened with Death (PPCAAM)"; and "Public Security without Homophobia." Those courses are mainly for public security professionals and administrative professionals working in those institutions. The State reported that SENASP had launched its Police Action Leaflet for Protecting the Human Rights of Vulnerable Persons in 2010 (and a second edition in 2013), distributing over 70,000 copies. The leaflet contains information to held public security professionals to show full respect for human rights in the performance of their duties. The State went on to report how, in 2013, SENASP, in association with the United States embassy in Brazil and the Miami Police Department, had held a workshop on "Public Security and Promoting Racial Equality" in order to analyze the police approach and respect for ethnic and socio-cultural diversity. Since that workshop, the Miami Police Department had taught the "Police and Promotion of Racial Equality" course (in two versions, in 2015 and 2016), which thus far had trained 79 public security operators. Regarding distance education, the State reported that, in 2018, three courses had been posted on-line to enhance qualifications and train public security professionals in areas relating to legal aspects of criminal proceedings and human rights philosophy in relation to police activities, and had led to 16,719 people receiving training.

15. In regard with the state of Rio de Janeiro, the State indicated that, in 2017, the then Secretariat for Security of the state of Rio de Janeiro (SSEVP) had extended the Technical Cooperation Agreement with the International Committee of the Red Cross (ICRC). It was published in the state's Official Gazette on January 8, 2018, and it had a view to bringing public security professionals up to date with international human rights standards. The State also mentioned that lectures on correctional matters had been built into the Officers Training Course (APM), the Special Training by Cable Course (CFAP), the Enhancement Course at the Superior Military Police College (ESPM), and the Internal Police of the Civilian Police (COINPOL), prepared jointly by COINPOL, the Internal Police of the Military Police (PIntPM), and the Comptroller-General of the Union (CGU), resulting in training for 638 civilian and military police officers. The State also highlighted an initiative by SSEVP, jointly with the Secretariat for Municipal Education of Rio de Janeiro and the state civilian police (PCERJ), in which the civilian police agents in the "Papo de Responsa" project were taken to municipal schools to talk with ninth-grade students taking part in the Education for Young People and Adults Program (PEJA) and the Acelera Project. More than 1,500 pupils in Rio de Janeiro schools took part in that project. The State added that, in 2018, a similar project had been conducted with the military police of the state of Rio de Janeiro as part of the Resisting Drugs Education Program (PROERD), in which military police went to schools to talk with seventh-grade primary school pupils in the municipal education network with a view to preventing urban violence in Rio de Janeiro.

16. In 2018, the petitioners reported they had not received information from the State about compliance with these recommendations. Further, they expressed concern about the high levels of police abuse and institutional racism in Brazil. According to data from the Institute for Public Security (ISP, the Portuguese acronym), in 2017, 365 children and teenagers were murdered in the state of Rio de Janeiro, 104 of which in actions by security forces, or 28% of the total figure. In 2017, children and teenagers accounted for 59% of all victims of sexual violence; 16% of homicides were the result of police intervention; and 8% were the result of intentional homicide. Among adults the figures are: 13.2% of deaths were the result of police intervention, 81.9% of which resulted from intentional homicide. 83% of the child and teenage victims of intentional homicide were black or mestizo, and 88% were children. Of the deaths that occurred due to police interventions, 79% of victims were black or mestizo, with 8% of victims being of unidentified race, and 97% of child victims. Lastly, the representatives of the victims underscore that the state of Rio de Janeiro continues to be under federal intervention, a point that has been made known to the Commission on various occasions. In 2019, the petitioners reiterated the information presented in 2018 and reported that, with a view to helping train justice system personnel they had worked with other civil society organizations to forge the Foro Sankofe to fight, alongside activists and public defenders, for racial and gender justice. They said that the purpose of that activity was to debate "intersectionality" and the ways in which intersections between racial discrimination and the justice system affect black women. They pointed out that the dialogue had served to sensitize and train public defenders and they said they hoped that the State would take its cue from such initiatives and open up similar opportunities for debate.

17. In the context of its thematic and geographic monitoring functions, the IACHR has continued to receive worrisome information about violence against Afro-descendants and young people in Brazil, within the context of public safety policies. In March 2018, the IACHR and the Office of the United Nations High Commissioner for Human Rights (OHCHR) expressed their consternation regarding the presidential decree that authorized federal intervention in matters of public safety in the state of Rio de Janeiro, because of the disproportionate impact it could have on the human rights of Afro-descendant persons, teenagers, and those who live in the poorest areas[11]. Later, in September 2018, the IACHR expressed its concern over the increase in violence against Afro-descendant persons in Brazil, and invited the State to implement policies, laws, and practices to prevent and eliminate discrimination, either direct or indirect, of Afro-descendant persons, taking into account elements that exacerbate the vulnerability of these persons, such as gender, sexual orientation, and poverty[12]. In the context of its on-site visit to Brazil, the IACHR verified that Afro-descendant youths are the most frequent victims of homicide in Brazil, and they are the main victims of lethal actions by the police[13].

18. Based on the foregoing, the IACHR calls on the Brazilian State to exert its best efforts to implement the recommendations formulated by the Commission in Report on Merits No. 33/04, and to submit detailed information about actions taken to comply with those recommendations. Therefore, the IACHR concludes that compliance with Recommendations 5 and 6 is pending.

19. The Commission values the information provided by the parties regarding educational measures for government personnel on the subject of racial discrimination. In that connection, it requests additional information regarding any educational measures adopted for judiciary personnel. The Commission likewise requests information regarding the financial sustainability over time of educational measures for personnel in the judiciary and the police, as well as information for verifying the latest educational courses taught. Based on the above, the IAHR considers that this recommendation has been partially complied with.

20. As regards recommendation No. 6, in 2019, the State pointed out that the Brazilian legal system has advanced laws to protect children and adolescents. In that regard, it mentioned the special protection afforded to that group under Articles 227, 228, and 229 of the Constitution of the Federative Republic of Brazil. It also cited Law No. 8.069 of 1990 - The Children's and Adolescents' Statute; Law No. 12.010 of 2009 - The Family and Community Life Law; Law No. 12.594 of 2012 - the Law governing the National Social and Educational Welfare System (SINASE); Law No. 13.010 of 2014 - The Child Bernardo Law; and Law No. 13.257 of 2016 -the Early Childhood Law. The State pointed out that responsibility for implementing these laws lies with the Ministry for Women, the Family, and Human Rights, through the National Secretariat for the Rights of Children and Adolescents (SNDCA). Regarding actions taken by the SNDCA, the State mentioned: (i) laws addressing early childhood, especially the Legal Framework for Early Childhood Law (N ° 13.257 of 2016); and (ii) laws on non-violent education, such as Law No. 13.010 of June 26, 2014, known as the Child Bernardo Law, establishing the right to be educated and brought up without corporal or cruel or degrading punishment and amending the Children's and Adolescents’ Statute and Law N° 9.394 of 1996. The State also mentioned the establishment of the National Secretariat for the Rights of Children and Adolescents (SNDCA) of the Ministry for Women, the Family, and Human Rights to support and promote coordination among the various organs and civil society and help implement awareness-raising campaigns and public policies to promote and defend the rights of the child, including those of adolescents. The State indicated that the SNDCA is consolidating the National Policy on Rights of the Child, encompassing a series of programs, policies, actions, and services. It also referred to international cooperation projects and policies for defending the rights of children and adolescents based on the redesign of the program of comprehensive and benchmarked actions to combat sexual violence against children and adolescents in Brazil (PAIR). The State likewise mentioned that, thanks to the work of the Inter-Sectoral Commission to Combat Sexual Violence against Children and Adolescents (CIEVSCA), Decree No. 9.603 of December 10, 2018 was issued, regulating Law No. 13.431 of 2017 on the system for safeguarding the rights of child and adolescent victims or witnesses of violence, and ordering a review of the National Plan to Combat Sexual Violence against Children and Adolescents, which is being monitored by that Commission. In the same vein, the State indicated that the National Social and Educational Welfare System (SINASE) is looking into a systematized set of principles, rules, and criteria involved in implementing social and educational measures, including state, district, and municipal systems. As regards training measures, 16 states relieved assistance between 2016 and 2018 for face-to-face training courses. Investments in distance education were further made via the Decentralized Execution Agreement with the University of Brasilia (the ens..br online platform). According to the State, 15,039 people from all over the country were selected to take part in the courses conducted from 2015 to 2018, while 500 students were selected for postgraduate courses in Public Policies and Social and Educational Studies. With respect to infrastructure, since 2016 to November 2018, there were 18 projects devoted to the building and renovation of social and educational inpatient care centers (Centros de atención hospitalaria socioeducativa) and Integrated Care Centers in 12 Units of the Federation. Finally, the State listed actions carried out this year by the National Secretariat for the Rights of Children and Adolescents, including awareness campaigns, training courses, the design of protocols, and other child protection products.

21. In 2018, the petitioners reported that they had not received information on compliance with the recommendation by the State and reiterated the information provided regarding Recommendation No. 5. In 2019, the petitioners voiced their concern at the widespread racial discrimination in Brazil. They reported that, according to Public Security Institute (ISP) data, in 2018, 115 children and adolescents were murdered in the state of Rio de Janeiro in actions carried out by the security forces and their concern in regard with the murder of an eight-year-old girl, Agatha Felix, on a means of public transport, in 2019.

22. The Commission values positively the information provided by both parties on actions taken to ensure compliance with the rights established in the American Convention, in the Convention on the Rights of the Child, and in other national and international provisions on the subject, in such a way as to make children's right to special protection a reality in Brazil. On this matter, the IACHR requests detailed information on steps taken by the State in connection with the various plans, policies, and training courses reported, and on the impact they have had, and the changes of sustaining them. In light of the above, the IACHR considers that Recommendation No. 6 has been partially complied.

VI. Level of compliance of the case

23. Based on the foregoing, the Commission concludes that the level of compliance of the case is partial. Consequently, the Commission will continue to monitor compliance of Recommendations 2, 4, 5 and 6.

VII. Individual and structural results of the case

24. This section highlights the individual and structural results of the case which have been informed by the parties.

A. Individual results of the case

Pecuniary compensation measure

• Pay of reparations for moral and material damages to the mother of the victim during a ceremony held August 25, 2009. [14]

Satisfaction measures

• On August 25, 2009, the Governor of Rio de Janeiro made a formal and public apology for the arbitrariness perpetrated against the victim. However, the petitioners noted that neither they nor the victim were consulted regarding the organization and planning of the ceremony.[15]

B. Structural result of the case

Institution-building

• Through the National Public Security Secretariat and with support from the United Nations Development Programme (UNDP), training between 2004 and 2011 for 11,480 public security professionals in "Human Rights Training Days" in which the State invested some R$ 1,550,000.00. The topics addressed were: a) systematic overview of the violence generated; b) citizenship police: citizens taking care of citizens; c) historic memory of Brazilian public security; d) Brazil's contemporary public security agenda; and e) quality of life in public security: health interpersonal and inter-agency relations.

• Police Action Leaflet for Protecting the Human Rights of Vulnerable Persons launched by SENASP in 2010 (and a second edition in 2013), distributing over 70,000 copies. The leaflet contains information to held public security professionals to show full respect for human rights in the performance of their duties.

• Workshop conducted by SENASP in 2013, in conjunction with the United States Embassy in Brazil and the Miami Police Department, on "Public Security and Promoting Racial Equality" to analyze the police approach and respect for ethnic and socio-cultural diversity.

• The "Police and Promotion of Racial Equality" course (in two versions, in 2015 and 2016) taught by the Miami Police Department, providing training to 79 public security operators.

• Three courses in 2018 to enhance qualifications and train public security professionals in areas relating to legal aspects of criminal proceedings and human rights philosophy in relation to police activities, with 16,719 people receiving training.

• 115,000 trainings between 2010 and 2018 for public security and administrative professionals, entailing an investment of approximately R$ 5,700,000.00 in courses on "Police Action against Vulnerable Groups"; "Differentiated Use of Force"; "Non-lethal Police Techniques and Technologies"; "Human Rights Philosophy Applied to Police Action II - Case Studies"; "Preventing and Confronting Torture"; "Program to Protect Children and Adolescents Threatened with Death (PPCAAM)"; and "Public Security without Homophobia" through the National Public Security Distance Education Network (Red EaD / SENASP).

• The establishment of the National Secretariat for the Rights of Children and Adolescents (SNDCA) of the Ministry for Women, the Family, and Human Rights to support and promote coordination among the various organs and civil society and help implement awareness-raising campaigns and public policies to promote and defend the rights of the child, including those of adolescents.

• Sixteen states relieved assistance between 2016 and 2018 for face-to-face training courses and investments in distance education were made via the Decentralized Execution Agreement with the University of Brasilia (the ens..br online platform). According to the State, 15,039 people from all over the country were selected to take part in the courses conducted from 2015 to 2018, while 500 students were selected for postgraduate courses in Public Policies and Social and Educational Studies.

• Between 2016 and November 2018, there were 18 projects devoted to the building and renovation of social and educational inpatient care centers (Centros de atención hospitalaria socioeducativa) and Integrated Care (NAI) in 12 Units of the Federation.: Goiás, Río Grande do Norte, Paraíba, Bahía, Ceará, Mato Grosso, Amazonas, Minas Gerais, Sergipe, Santa Catarina, Tocantins and the Federal District.

• Mediators and Social Peace-builders Course conducted by SEPPIR in 2017 and 2018 to train public security agents and community leaders in mediating local conflicts and dealing with institutional racism. By 2019, this project had trained some 3,000 people in a variety of states in the Federation (Rio Grande do Norte; Sergipe; Rio Grande do Sul; Paraná; São Paulo; Acre; Alagoas; Fortaleza; Bahia; Pernambuco; Pará; Rio de Janeiro; Santa Catarina). Conceptually, it focused on: State and society; families in the 21st century; prevention of race-based community conflicts; Raced-based domestic violence; homicide prevention; crimes against property; crimes against life; crimes against the family; crimes against public order; the importance of social mediation; approach techniques; the role of mediators; conflict settlement and the law; mediators to address bullying in educational institutions; social peace-building in legislation and prevention of conflicts based on religious intolerance. In 2018, more than 100 public security officers in Rio de Janeiro received Training Course certificates.

• As regards Rio de Janeiro:

- Extension in 2017 of the Technical Cooperation Agreement with the International Committee of the Red Cross (ICRC), which was published in the state's Official Gazette on January 8, 2018, with a view to bringing public security professionals up to date with international human rights standards. In the first version, this subject was included in the Training Course for Soldiers and Non-Commissioned Officers (Soldados y Cuadrados) (CFSd) and in 12 disciplines of the Advances Integrated Police Course (CSPI).

- Lectures on correctional matters built into the Officers Training Course (APM), the Special Training by Cable Course (CFAP), the Enhancement Course at the Superior Military Police College (ESPM), and the Internal Police of the Civilian Police (COINPOL), prepared jointly by COINPOL, the Internal Police of the Military Police (PIntPM), and the Comptroller-General of the Union (CGU), resulting in training for 638 civilian and military police officers.

- The "Papo de Responsa" project, conducted by the SSEVP, jointly with the Rio de Janeiro Secretariat for Municipal Education and the PCERJ, in which civilian police officers were taken to municipal schools to talk with ninth-grade students taking part in the Education for Young People and Adults Program (PEJA) and the Acelera Project. Those talks focused on drug use prevention, thereby helping to reduce homicide rates, especially among adolescents and young people, and on violence prevention in general. More than 1,500 pupils in Rio de Janeiro schools took part in that project.

- Resisting Drugs Education Program (PROERD) in 2018, in which military police went to schools to talk with seventh-grade primary school pupils in the municipal education network with a view to preventing urban violence in Rio de Janeiro.

Public policies

• The National Plan for the Prevention of Violence (Plan Juventud Viva), which is currently being reformulated and geared to the social inclusion of young, mainly Afrodescendent, people aged 15 to 29, who live in circumstances of social vulnerability or exposed to violence, in municipalities with the highest homicide rates for that age group.

• Mediators and Social Peace-builders Course conducted by SEPPIR in 2017 and 2018 to train public security agents and community leaders in mediating local conflicts and dealing with institutional racism. By 2019, this project had trained some 3,000 people in a variety of states in the Federation (Rio Grande do Norte; Sergipe; Rio Grande do Sul; Paraná; São Paulo; Acre; Alagoas; Fortaleza; Bahia; Pernambuco; Pará; Rio de Janeiro; Santa Catarina). Conceptually, it focused on: State and society; families in the 21st century; prevention of race-based community conflicts; Raced-based domestic violence; homicide prevention; crimes against property; crimes against life; crimes against the family; crimes against public order; the importance of social mediation; approach techniques; the role of mediators; conflict settlement and the law; mediators to address bullying in educational institutions; social peace-building in legislation and prevention of conflicts based on religious intolerance. In 2018, more than 100 public security officers in Rio de Janeiro received Training Course certificates.

• National Rights of the Child Policy consolidated by SNDCA by implementing programs policies, actions, and services involving or addressing: Assistance for children and adolescents exposed to sexual violence and in vulnerable circumstances, or whose rights are being violated, threatened, or curtailed; Councils on the Rights of Children and Adolescents; the Right to a Family and Community Life; Confronting Lethal Violence; Eradication of Child Labor and Protection for Adolescent Workers; Guardianship Councils and Schools of Rights; System for Safeguarding Rights; Childhood and Youth Information System; and the National Social and Education System. These actions are incorporated into 5 principal policies: Thee Program for Protecting Children and Adolescents under Threat of Death (PPCAAM); Strengthening of the System for Guaranteeing the Rights of Children and Adolescents (SGD); the Policy to Strengthen the National Social and Educational Welfare System (SINASE); the National Family and Community Life Policy (CFC); the Policy to Prevent and Treat Sexual Abuse and Exploitation (EVSCA); the Child and Adolescent Protection Program.

• International Cooperation Projects: (i) Updating of the database of the National Roster of Missing Children and Adolescents; (ii) Technical Cooperation to develop a model for the care and integration of migrant children and adolescents; and (iii) Strategy for addressing the rights of girls and young women.

• Policies for defending the rights of children and adolescents based on the redesign of the program of comprehensive and benchmarked actions to combat sexual violence against children and adolescents in Brazil (PAIR).

• System to safeguard the rights of children and adolescents who are victims of or witness violence and the review of the National Plan to Combat Sexual Violence against Children and Adolescents through the Inter-Sectoral Commission to Combat Sexual Violence against Children and Adolescents (CIEVSCA), which was launched by Decree No. 9.603 of December 10, 2018, regulating Law No. 13.431 of 2017.

• The National Social and Educational Welfare System (SINASE), through Law No. 12.594 of 2012, which is looking into a systematized set of principles, rules, and criteria involved in implementing social and educational measures, including state, district, and municipal systems. It has enjoyed support from the National Social and Educational Affairs School (Escuela Nacional de Socioeducación -ENS); and specialized services units (infrastructure) have been built.

• Actions undertaken by SNDCA in 2019:

- An awareness campaign to prevent violations of children's and adolescents' rights at major events.

- Training and dissemination of methodology for protecting children and adolescents at popular festivals in the North east and other major events.

- Design of a comprehensive protocol for refugee or migrant children and adolescents, jointly with EuroSocial, the Public Defenders' Office, the Ministry of Justice and Public Security, and others.

- A training course for 4,500 tutors in the Brazilian Legal Amazon Region, using materials produced by SNDCA.

- National Meeting of Coordinators of the Program to Protect Children under Threat of Death (PPCAAM).

- Protection for 944 people in the Program to Protect Children under Threat of Death (PPCAAM) in 16 states in the Federation.

- Annual Report on Combating Sexual Violence against Children and Adolescents.

- Working Group in the Federal Chamber to draft a bill to turn the Program to Protect Children under Threat of Death (PPCAAM) into a State policy.

- National Meeting of Governmental Leaders of the Policy to Promote and Defend the Rights of Children and Adolescents (FONACRIAD).

- Citizenship Program for Adolescents on compliance with social and educational measures, in collaboration with the Office of the Federal Ombudsperson (Defensor Público Federal).

- Association with the Public Prosecutors' Office (Ministerio Público) of Santa Catarina to reduce the death rate by implementing a virtual intelligence system focused on reducing the number of school drop-outs.

- Development, with the National Ombudsperson, of software to look for missing children and adolescents.

Legislation/Regulations

• Law No. 12.010 of 2009 - Law on Family and Community Life.

• Law No. 13.010 of 2014, known as the Child Bernardo Law, establishing the right to be educated and brought up without corporal or cruel or degrading punishment and amending the Children's and Adolescents' Statute and Law N° 9.394 of 1996. Its purpose it to put an end to the acceptance and trivialization of the use of corporal and humiliating punishment of children and adolescents.

• The Legal Framework governing Early Childhood (Law No. 13.257 of 2016), to protect the rights of Brazilian children up to the age of six, with principles and guidelines for formulating and implementing public policies on their behalf.

-----------------------

[1] IACHR, 2009 Annual Report, Chapter III, Section D: Status of compliance of the recommendations of the IACHR, para. 181.

[2] IACHR, 2009 Annual Report, Chapter III, Section D: Status of compliance of the recommendations of the IACHR, para. 181.

[3] IACHR, Report No. 33/04. Case 11.634. Jailton Neri Da Fonseca (Brazil), March 11, 2004, paras. 126 and 127.

[4] I/A Court HR. Case of Almonacid-Arellano et al. v. Chile, Judgment of September 26, 2006. Series C No. 154, par.183.

[5] IACHR, Case 11.634, Merits Report No. 33/04, Jailton Neri Da Fonseca (Brazil), March 11, 2004, para. 104.

[6] IACHR, Report on the situation of human rights in Brazil, Chapter III. Police violence, impunity and exclusive military jurisdiction for the police, 1997, para. 84

[7] IACHR, Report on the situation of human rights in Brazil, Chapter III. Police violence, impunity and exclusive military jurisdiction for the police, 1997, para. 86.

[8] IACHR, Case 11.634, Merits Report No. 33/04, Jailton Neri Da Fonseca (Brazil), March 11, 2004, para. 104.

[9] IACHR, Press release 160/17 - UN Human Rights and IACHR Categorically Reject Bill Expanding Jurisdiction of Military Courts in Brazil. Santiago, Chile/ Washington D.C., October 13, 2017; IACHR, Press release 238/18 - IACHR Concludes Visit to Brazil. Preliminary observations of the visit (English), Washington, D.C., November 12, 2018

[10] IACHR, Press release 238/18 - IACHR Concludes Visit to Brazil. Preliminary observations of the visit (English), Washington, D.C., November 12, 2018

[11] IACHR, Press release 047/2018, Brazil: OHCHR and IACHR express concern over federal intervention in Rio de Janeiro, Washington, D.C., March 13, 2018.

[12] IACHR, Press release 209/2018 - IACHR Expresses Deep Concern over Growing Violence against Afro-descendants in Brazil, Washington D.C., September 26, 2018.

[13] IACHR, Press release 238/18 - IACHR Concludes Visit to Brazil. Preliminary observations of the visit (English), Washington, D.C., November 12, 2018

[14] IACHR, 2009 Annual Report, Chapter III, Section D: Status of compliance of the recommendations of the IACHR, para. 181.

[15] IACHR, 2009 Annual Report, '(34KLTUVWfghsëÖ½¤½¤½¤ˆqëZE0(h"tÚhãg0J5?B*[pic]CJOJQJph)h"tÚhãgB*[pic]CJOJQJ^JaJph,h"tÚhãg5?B*[pic]CJOJQJ^JaJph-h"tÚhãgB*[pic]CJOJQJaJmHTphsHT7h"tÚhãg5?B*[pic]CJOJPJQJ\Chapter III, Section D: Status of compliance of the recommendations of the IACHR, para. 181.

................
................

In order to avoid copyright disputes, this page is only a partial summary.

Google Online Preview   Download