IACHR grants injunctions to relatives of man killed in Baixada Santista raid
The Inter-American Commission statement expresses concern over the manner in which police raids were carried out in the state of São Paulo
Residents protest against a police raid that killed 14 people in Guaruja, some 90 km from Sao Paulo, Brazil, on August 2, 2023. (Photo by Allison Sales / AFP)
The Inter-American Commission on Human Rights (IACHR) issued Resolution 83/2024 on November 12, 2024, granting injunctions in favor of the relatives of Layrton Fernandes da Cruz, given that they are in a serious and urgent situation of risk of irreparable harm to their rights in Brazil.
According to the request, between August 2023 and September 2024, the beneficiaries were the target of constant police raids on their homes. These actions would have become more intense after Layrton’s death, which occurred on August 1, 2023, during a police raid carried out in the Baixada Santista region.
The raids include the presence of state security agents armed with rifles, under the justification of “curtailing drug trafficking in the region”. police’s actions were recorded by security cameras installed in the residences and allegedly occurred on at least 14 occasions, at different times, including early morning hours, and in the presence of children. Such events had an intimidating effect on Layrton’s family, who reported feeling frightened and suffering impacts to their mental health.
In turn, the State reported that a national injunction determined the protection of the beneficiaries. However, this injunction was revoked after the case investigating Layrton’s death was dismissed. In this sense, the State reported that the investigation process was forwarded to the Internal Affairs Office on July 4, 2024. Furthermore, it reported that information about risk events was sent to the Military Courts on July 28, 2024 and to the Public Prosecutor’s Office responsible for the external control of police activity.
After analyzing the factual and legal allegations, the IACHR expressed concern about the way in which the police raids were carried out. Furthermore, it highlighted that neither party presented information that suggested that the beneficiaries were being investigated or that there were any criminal proceedings against them, nor any court decisions that authorized entry into the homes of the proposed beneficiaries.
In view of the information received from the parties, the continuity of the situation over time, the lack of investigation of the aforementioned facts and the absence of protective measures implemented, and considering the context of the country and the terms of Article 25 of the IACHR Rules of Procedure, Brazil was requested to:
- adopt the necessary measures to protect the rights to life and personal integrity of the beneficiaries, in accordance with applicable international standards and obligations;
- dialogue with beneficiaries about the measures to be adopted; and
- report on the actions taken to investigate the alleged facts that gave rise to this injunction and prevent their repetition.
The granting of the injunction and its enforcement by the State do not constitute a prejudgment on a possible plea to the inter-American system alleging violations of the rights protected by the American Convention and other applicable instruments.
The IACHR is a key, autonomous body of the Organization of American States (OAS), with a mandate that derives from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission is mandated to promote the observance of human rights in the region and to act as an advisory body to the OAS on this matter. The IACHR is composed of seven independent members elected by the OAS General Assembly in a personal capacity — they do not represent their countries of origin or residence.
