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September 24, 2020
The U.N. Office on Drugs and Crime and the Thailand Institute of Justice recently released a Toolkit on Gender-Responsive Non-Custodial Measures, a handbook with information and guidance on alternatives to incarceration. Part of a Criminal Justice Handbook Series, the toolkit approaches incarceration as a last resort, providing support and guidance to make sure that women are not detained or imprisoned unnecessarily. “Now more than ever, with the outbreak of the Coronavirus pandemic, there is a need to look towards non-custodial measures for women offenders to reduce the burden on the criminal justice system, maintain the health and safety of those in prison and ensure effective rehabilitation,” says the press release on the Thailand Institute of Justice’s website.
Human rights lawyer Sabrina Mahtani led the drafting and research, which took place in large part at Harvard Law School while she was a joint Fellow-in-Residence in the Human Rights Program and the Office of Public Interest Advising. You can learn more about Sabrina at the end of this post.
Sabrina recently spoke with HRP about developing the toolkit and where she hopes it will make the most impact.
February 6, 2017
Fernando Ribeiro Delgado, Former Senior Clinical Instructor, Becomes Scholar in Residence at NYU Law
Posted by Cara Solomon
As the spring semester gets underway at HRP, we’re already missing the fellowship and expertise of one of our colleagues: Fernando Ribeiro Delgado, JD ’08, Senior Clinical Instructor and Lecturer on Law, is now a Scholar in Residence at New York University School of Law.
Simply put, this is a big loss for us. Fernando is an expert on criminal justice in Brazil, which has one of the world’s worst records on mass incarceration. His clinical work went wide and deep; his teams used strategies ranging from litigation to fact-finding to negotiating with government officials to launching media campaigns.
Beyond the rigor and innovation that was the hallmark of Fernando’s work, there was another distinguishing factor: it was always collaborative. Throughout his seven years at the Clinic, he worked closely with local partners whom he considered not just colleagues but mentors: Justiça Global, Serviço Ecumênico de Militância nas Prisões, Pastoral Carcerária, and Comissão Justiça e Paz. He also nurtured relationships with prisoners’ families, corrections officials, and members of the media.
Most importantly, as described in the Harvard Law Bulletin last year, Fernando treated people who were incarcerated the way he treated everyone else: with kindness.
At NYU, Fernando will explore the link between state violence and corruption, a link he first documented with Justiça Global in the high-profile, book-length report, “São Paulo under Extortion: Corruption, Organized Crime, and Institutional Violence in May 2006.” That joint report, the culmination of a five-year investigation, explored the role of corruption in a series of coordinated uprisings in detention centers and attacks on police and public buildings that left 43 state officials and hundreds of civilians dead. The report also documented the wave of reprisal attacks by police, including extrajudicial killings of people they suspected of having arrest records—in many cases profiling victims’ youth, skin color, tattoos and presence on the streets of a poor neighborhood at night.
During his time in the Clinic, Fernando tackled a range of criminal justice issues in Brazil. His clinical team contributed comparative and international law research to a workshop that culminated with federal prosecutors filing the first-ever criminal charges for dictatorship-era human rights crimes. A case he argued before the Inter-American Court of Human Rights (the Court) led to an investigation into juvenile justice system abuses, one which ultimately brought down an alleged corruption ring at the highest levels of state government.
He spent the great majority of his time, though, addressing rampant over-incarceration and abuse in prisons. Continue Reading…
December 17, 2014
Posted by Fernando Ribeiro Delgado
For decades, human rights advocates have sought an end to the humiliating state practice of strip searching prison visitors in Pernambuco, Brazil, the state housing the notorious Aníbal Bruno Prison Complex. Yesterday, responding to the Aníbal order of the Inter-American Court of Human Rights and to a growing national movement against the degrading searches, the Secretariat of Development and Human Rights at last banned the procedures through Administrative Order 258/2014. The order classifies as “humiliating, inhuman or degrading,” all searches that involve “total or partial nudity; any conduct that entails the introduction of objects into the bodily cavities of the persons searches; the use of dogs or sniffer animals, even if they are trained for that end;” and/or “manual contact with the intimate parts of the person being searched.”
The prohibition should benefit an estimated 30,000 families, applying to all detention centers in the state. Until recently, Pernambuco subjected nearly all prison visitors—often including children, elderly persons, and persons with disabilities—to invasive, degrading searches involving nudity and manual inspection of intimate body parts. Women and girls were most frequently subjected to the practice.
The ban is a milestone in decades of local struggle by the Serviço Ecumênico de Militância nas Prisões (Ecumenical Service of Advocacy in Prisons) and the Pastoral Carcerária (Catholic Prison Ministry), among others. The civil society coalition which successfully sought an Inter-American Court order (para. 20) prohibiting humiliating searches includes those two groups as well as Justiça Global (Global Justice) and the International Human Rights Clinic at Harvard Law School.
A judge in Recife, Pernambuco, had issued a temporary ban on humiliating searches in Greater Recife this past April, two months after the civil society coalition sought the inter-American order. Yesterday’s prohibition on humiliating searches is more expansive, containing no temporal limit and applying to all Pernambuco prisons. It provides for searches to be done “preserving the honor and dignity of the human person,” and calls for the use of metal detectors and other measures to replace the old procedures. According to 2012 data from São Paulo, only 0.02% of 3.5 million humiliating searches yielded drugs or cell phones.
In September 2014, a resolution of the National Council on Crime and Penitentiary Policy recommended a ban on humiliating searches across Brazil. However, Bill 7764/2014, abolishing humiliating searches of prison visitors nationwide, is still pending in Congress.
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.
February 11, 2011
The following Op-Ed appeared today in La Prensa, Panama’s main newspaper. It was written by Jim Cavallaro, Executive Director of the Human Rights Program, and María Luisa Romero, JD ’08, who has been working with the International Human Rights Clinic on prison conditions in Panama since her 2L year.
A fire in the Juvenile Detention Center in Tocumen, Panama, last month claimed the lives of five teenagers. The fire was apparently caused by tear gas bombs. Reports indicate that the police laughed at the teenagers as they burned. The Panamanian government has responded with promises to improve prison conditions, including plans to increase capacity through the construction of new centers.
For those unfamiliar with prison dynamics, the promise of more and better infrastructure may seem like an appropriate response to the problems of the Panamanian prison system. Although improvements in infrastructure would improve the situation to some extent, the construction of new prisons is an inadequate response, and one that appears to repeat unfortunate pattern in Panama.
For the past five years, the International Human Rights Clinic at Harvard Law School has been studying and documenting conditions in the adult prison system in Panama. In 2008, the Clinic published an exhaustive report in which we documented not only overcrowding and unhygienic conditions, but also profound institutional failures. Rather than professional guards, internal prison security is often left to police officers, who are not trained for this work.Continue Reading…
January 28, 2011
Posted by Cara Solomon
This week marked the start of the spring semester and the third snowstorm of the year. Right in the thick of it, we welcomed 40 students into the International Human Rights Clinic. We also started this blog, which will focus mainly on the projects and people associated with the Clinic.
It seemed like a good time to check in with Jim Cavallaro, Executive Director of the Human Rights Program (HRP). And so we did.
HRP: What attracted you to HRP?
Cavallaro: When I came in 2002, I had already spent nearly two decades working as a human rights lawyer in Latin America—in Chile during the last years of the Pinochet dictatorship, and then for nearly a decade in Brazil, working on criminal justice issues, transitional justice, racial discrimination, violence against women and indigenous issues. I had a lot of real world experience, but I hadn’t had the opportunity to step back and reflect, or to put what I had learned to use as a teacher. HRP gave me the opportunity to continue my work as an activist—my first passion—but also to work closely with students, and to reflect on human rights and the human rights movement.
It’s proven to be the perfect fit for me. I love the students’ energy and their sense that anything is possible. To be honest, their commitment and drive has been the engine behind the remarkable growth of the clinic and the program this past decade.
When I came here, we had a handful of students working on one or two projects. Now we have 40 students working on twenty projects on every major continent- and that’s just this semester.Continue Reading…
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