May Crimes massacre brought before the Inter-American Court of Human Rights
The 2006 Parque Bristol case goes before the Court following failure to follow the Inter-American Commission recommendations. The trial could determine the Brazilian state´s responsibility for executions and omissions
ataques do pcc em maio de 2006. foto: andre porto
The Inter-American Court of Human Rights (the Court) is to try Brazil for extrajudicial executions committed during the 2006 May Crimes in São Paulo. The case was referred by the Inter-American Commission of Human Rights (IACHR) on the 10th, after the body which is linked to the Organization of American States (OAS) determined that the Brazilian state had failed to comply with recommendations made in Merit Report nº 101/23.
The incident in question concerns a massacre that took place in the Parque Bristol neighborhood in the southern region of the city of São Paulo. Three young men were killed and another two were seriously injured in an operation attributed to police officers. To this day, nobody has been identified or held accountable. The victims´ families and Conectas brought the case before the Inter-American system in 2009.
According to the IACHR, Brazil violated the victims´ and their families’ rights to life, personal integrity, judicial guarantees and safeguarding as established in the American Convention on Human Rights. The Commission recommended that the Court order full reparation for the harm caused, the provision of physical and mental healthcare for victims’ relatives, the reopening of criminal investigations and the adoption of non-repetition measures – such as the reform of police protocols, accountability mechanisms for state violence and the strengthening of investigative structures.
Read more
A recap of the case
The massacre took place on 14 May 2006, when five friends were chatting on the sidewalk and were shot at by the occupants of an unidentified car. Three of them died on site and two were injured. Shortly afterwards, Military Police vehicles arrived, collected the shells and left without providing assistance. The investigation conducted by the Civil Police was filed in 2008 without identifying those responsible. Months later, one of the survivors was killed under similar circumstances, but this second crime also remains unsolved.
Based on witness statements and the similarity between the vehicles used in the massacre and Military Police patrol cars, the Commission believe there are strong indications that police officers were involved. The IACHR also criticized the lack of basic investigative steps, such as ballistic analysis of the projectiles that were recovered and questioning of police officers who were close to the scene of the crime.
Next steps
At the Inter-American Court, the case will be processed automatically, therefore a new admissibility ruling will not be required. There is no set deadline for a conclusion. Progress will depend on the complexity of the case, the cooperation of the parties and workloads at the Court. After the case is submitted, the state and representatives of the victims will be called to present evidence and written arguments. Next, there will be at least one public hearing and finally the publication of the judgment, which is binding. The ruling could recognize the state´s responsibility, demand reparations, and impose measures to prevent further violations.
The IACHR has previously received three cases related to the 2006 massacre, in which more than 500 people, mostly young Black men, were executed by death squads in different cities in the state of São Paulo. In all cases, the IACHR considers that, even 19 years later, the crimes remain unsolved and unpunished, amounting to possible violations of the American Convention on Human Rights.
Meanwhile, at the national level, the Superior Court of Justice (STJ) is analyzing whether claims for moral and material damages related to the May Crimes are subject to the statute of limitations. The public civil action was filed by the São Paulo Public Prosecutor´s Office in 2018, but was deemed time-barred by the state courts, given the five-year time limit set out in Decree 20.910/1932. The Public Defender´s Office and Conectas appealed the decision, arguing that, as the claims are serious human rights violations, they are not subject to the statute of limitations. The appeal is with Justice Teodoro Silva Santos who has expressed support for the position. The ruling will be carried out by the First Panel of the STJ, but no date has been set.
What is the IACHR requesting from the Inter-American Court of Human Rights?
- Full material and moral reparation for the violations, including financial compensation and measures of satisfaction.
- The provision of physical and mental healthcare to the families, if they wish it.
- Diligent investigation of what took place in May and December 2006 and the guarantee of justice in accordance with Inter-American standards.
- Adoption of guarantees of non-repetition in Sao Paulo, such as reforming police protocols, establishing accountability mechanisms and strengthening investigative capacity regarding the use of lethal force.
