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December 5, 2014
Earlier this week, prosecutors took the extraordinary step of filing for judicial measures to decarcerate, reduce overcrowding, and ensure adequate healthcare at the notorious Aníbal Bruno (Curado) Prison Complex in Recife, Pernambuco, Brazil. The request for interdição parcial (partial interdiction) of the pre-trial center cites Inter-American Commission and Court of Human Rights precautionary and provisional measures, respectively, as key motivators. The civil society coalition responsible for seeking and litigating these inter-American protective measures since 2011 is comprised of the Pastoral Carcerária (Catholic Prison Ministry), the Serviço Ecumênico de Militância nas Prisões (Ecumenical Service of Advocacy in Prisons), Justiça Global (Global Justice), and the International Human Rights Clinic at Harvard Law School.
Aníbal Bruno is one of the largest prisons in Latin America, and among the most abusive; it detains nearly 7,000 men in space officially designated for roughly 2,000. According to the prosecutors, “[t]he situation of overpopulation and overcrowding [at Aníbal Bruno Prison] runs counter to the model contemplated in the American Convention on Human Rights (Pact of San José, Costa Rica) adopted 11/22/1969 and which Brazil ratified by means of Decree n. 678, with force of law in our State since 11/25/1992.”
Prosecutors requested 11 measures. Among them are limits on new entries to Aníbal Bruno Prison and transfers of qualifying prisoners out to halfway detention facilities (regime semiaberto), house arrest, or electronic monitoring. Prosecutors further asked for a daily computerized accounting of healthcare needs and treatment dates, as well as judicial review of any inability to schedule or receive medical attention. The filing also requests monthly monitoring meetings involving a host of institutions.
“We welcome the partial interdiction request as an important step in the right direction, though it falls well short of what is required, given that Aníbal Bruno Prison is fully, not partially, unfit for human habitation,” said Clinical Instructor Fernando Ribeiro Delgado.
The Pernambuco Prosecutor’s Office (Ministério Público) previously relied on the work of the civil society coalition in a 2012 inquiry into abuse at the prison. The Office noted then that, “if it were not for the courage and determination of [coalition] members, nothing that was here collected, such as hard-hitting evidence of practices of torture and ill-treatment, whether physical or psychological, would exist.”
Judge Luiz Gomes da Rocha Neto, responsible for evaluating the partial interdiction request, said he would make a statement in response today.
UPDATE: The judge confirmed receipt of the filing on December 5 and stated that the government would be given a short window to reply before he makes his decision. He also announced a future judicial inspection of Aníbal Bruno in light of the prosecutors’ request.
August 21, 2014
Posted by Cara Solomon
One of Brazil’s biggest daily newspapers quoted Clinical Instructor Fernando Ribeiro Delgado this past Sunday in an in-depth cover story on criminal code reform. The article in the Folha de São Paulo presents perspectives on a proposal gaining steam before congress that would harden criminal sentencing and close off several avenues for early release.
Delgado warns that Brazil is “following the path of failed crime policies,” drawing reference to U.S. “war on crime” laws that produced skyrocketing incarceration rates, a comparison he discusses further in a companion piece that ran in the Folha the same day. Delgado points to one prison in particular, Aníbal Bruno, as “a symbol of the catastrophe of mass incarceration underway in Brazil.” Though officially designed to detain some 1500 men, Aníbal Bruno Prison now commonly holds over 6000.
The Folha piece has an entire subsection based on a 2013 brief co-authored by the Clinic in the Aníbal Bruno Prison case, which is currently before the Inter-American Court of Human Rights.
The Clinic has been working for the past four years with a civil society coalition in Brazil to push for widespread reform in Aníbal Bruno Prison and beyond. This past May, the Inter-American Court issued its first legally binding resolution in the Aníbal Bruno case, ordering Brazil to take provisional measures to protect the life, personal integrity, and health of all persons at the prison. The order also mandates steps to reduce over-crowding and end the routine practice of strip searching family visitors at the notorious pre-trial detention center. The coalition is currently focusing efforts on monitoring the implementation of the order. A first set of periodic reports are due to the Court in the coming months, and a meeting between the parties and state agencies is scheduled for August 28 in Recife, Pernambuco, Brazil.
August 12, 2011
Posted by Fernando Ribeiro Delgado
On August 4, the Inter-American Commission on Human Rights officially called on Brazil to take all steps necessary to protect the life, personal integrity, and health of prisoners in Aníbal Bruno prison and reduce over-crowding at the pre-trial center, one of largest prison complexes in Latin America and among Brazil’s most violent. This is the first time Aníbal Bruno prison has come under international sanction. The measures were sought this past June by a coalition of human rights groups including the Catholic Prison Ministry (Pastoral Carcerária), the Ecumenical Service of Advocacy in Prisons (Serviço Ecumênico de Militância nas Prisões), Global Justice (Justiça Global), and the International Human Rights Clinic at Harvard Law School.
Starting in 2010, the Clinic and its partner organizations began gathering evidence of 55 violent deaths occurring in the prison since 2008, the vast majority of them homicides. Joint fact-finding visits documented systematic torture and severe medical neglect as well. The coalition reported these abuses to state authorities—as had occurred many times before—but little was done to address the prison’s problems. The request for precautionary measures to the Inter-American Commission was filed this past June, as the death toll continued to rise.
The coalition’s filing sought measures to reduce rampant violence within the facility, provide health services to gravely ill prisoners, and promote long-term reforms that would stem excessive pre-trial incarceration, improve conditions of detention, and tackle corruption. Brazil has until August 24 to inform the Commission of its efforts to comply with the decision.
Located in one of Brazil’s tourism capitals, Recife, Pernambuco state, the Aníbal Bruno prison gained national notoriety in 2008 when the facility was designated by a congressional inquiry as one of the top ten worst detention centers in the country. Inhuman detention conditions persist today. Aníbal Bruno prison is currently at 334 percent capacity, with over 4,800 prisoners crammed into space designed to hold 1,448. In its decision, the Commission sought from Brazil “a substantive reduction in the overpopulation of persons deprived of liberty [in Aníbal Bruno],” among other steps.
During their inspections, coalition members found evidence of systematic torture, including signs that some prisoners had been partially skinned and had their bones broken in assaults orchestrated by “keymasters” (chaveiros)—prisoners who are officially deputized with guard duties. The “keymaster” prisoners derive their nicknames from the fact that they literally control the keys to cells and, in practice, decide which prisoners get to access medical and other services outside the cellblock walls. The coalition documented prisoners suffering severe medical neglect in Aníbal Bruno, including untreated open wounds, infections, and chronic pain. The Inter-American Commission specifically urged Brazil to end the “keymaster” system, provide, “adequate medical attention to the [prisoners],” and adopt, “all the measures necessary to avoid the transmission of contagious diseases.”
Members of the Catholic Prison Ministry and the Ecumenical Service of Advocacy in Prisons have been monitoring human rights conditions in Aníbal Bruno prison for decades. Justiça Global and the Clinic began fact-finding, international litigation, and media advocacy surrounding Aníbal Bruno last fall, joining the work of advocates in the region.
For the initial complaint on Aníbal Bruno (in Portuguese with certain names redacted), click here [warning: this document contains a graphic image].
For the Commission’s decision (in Portuguese), click here.
For Justiça Global’s press release on the case (in Portuguese), click here.
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