CNJ Magistrate ignores proof about Ivan Sartori on the Carandiru Case
The aim of the administrative proceedings was to look into claims of abuse, breach of decorum and bias in conducting the case
According to Sartori, the murder of 111 prisoners at the Carandiru Detention Centre, in 1992 was an act of ‘legitimate self-defence’.
On Tuesday 22 May, Internal Affairs Commissioner, João Otávio de Noronha, voted against receiving a disciplinary complaint against the Appellate Judge Ivan Sartori (TJ-SP). Human rights organisations, jurists and activists expressed concern about the first CNJ vote, to file the claim against the magistrate, the aim of which was to investigate his conduct and statements made during the Carandiru massacre appeal, in September 2016.
In 2016, Sartori called for annulment of the trial court jury and the acquittal of the 74 military police officers convicted of the murder of 111 prisoners at the Carandiru Detention Centre in 1992. He justified the military police action as ‘legitimate self-defence’. He went on to criticise the press and human rights organisations. In October 2016, more than 65 individuals and organisations working in areas related to human rights, lodged a disciplinary complaint requesting the CNJ judge’s temporary suspension.
In a notice sent to the CNJ President, Minister Cármen Lúcia and other members of the council, today, organisations are now demanding a position on the investigation and accountability of the Judge and stress that the Carandiru case underlines the inability of repressive Brazilian institutions in attributing responsibility for the attitudes of members, such as Judge Ivan Sartori.
“The CNJ has a fundamental role in monitoring its magistrates and should hold them responsible for any violation of functional duties. The judge’s irresponsible attitude publically delegitimised opinions contrary to his own and offended the families of victims of one of the darkest chapters of Brazilian history.” Said Rafael Custódio, Coordinator of the Institutional Violence programme at Conectas.
Among the organisations who signed the public notice, in addition to Conectas, are Justiça Global, The Brazilian Security Forum, The Vladimir Herzog Institute and another nine organisations, as well as activists and human rights defenders, such as Paulo Sérgio Pinheiro (ex-Minister in the FHC government).
