In unprecedented decision, STF imposes ceiling on overcrowding in socio-educational units in ES
In response to a request for collective habeas corpus, minister Edson Fachin has set a limit of 119% for the occupancy rate at socio-educational units in the state of Espirito Santo.
Detainees at the Triage unit of the Pedrinhas Penitentiary Complex, during an inspection by Conectas, Justiça Global and Sociedade Maran…
Yesterday, 16th August, the STF (Supreme Federal Court) minister, Edson Fachin issued a preliminary injunction in favour of the collective habeas corpus of the Espirito Santo Public Defender’s Office, contesting overcrowding in the Detention Unit of the Northern Region of Linhares, for young offenders. The unit’s maximum capacity is 90 people. It had around 250 inmates. The habeas corpus was supported by Conectas Human Rights, IBCCRIM and Instituto Alana. These organisations were admitted as amicus curiae.
In the injunction Fachin ruled that a unit must not exceed the occupation rate of 119%. The state must, therefore, rehouse the remaining adolescents in other socio-educational establishments with either this or lower occupation rates. If this is not possible the judiciary will have to adopt alternative measures to deprivation of liberty.
Habeas corpus 143.988/ES requested that the state should ensure adequate conditions in terms of the maximum capacity set for each unit. The admittance of a new adolescent should be conditional on another one leaving the unit. The Espirito Santo Defender’s Office also denounced a series of violations, such as failing to separate inmates according to age or type of infraction, as well as ill-treatment and torture at the hands of socio-educational staff.
According to Henrique Apolinario, a lawyer on the Conectas Institutional Violence programme, the decision is a landmark because it marks recognition of the illegality of the way the system of deprivation of liberty works in Brazil and sets a ceiling on occupation levels, above which it is deemed impossible for the state to provide minimal standards of dignity.
“This decision represents the implementation of a long-standing plea in the fight against torture – if there is no room, a person cannot be arrested.” Apolinário stated.
The lawyer also sees the fact that Minister Fachin reassessed his previous decision and issued a collective habeas corpus as emblematic. In 2017, Fachin had deemed it unacceptable to issue a habeas corpus without identifying those who would benefit.
“It is very difficult for an adolescent who is being detained to reach the high courts where their rights can be guaranteed. In this case, the Supreme Court has shown that the issue of habeas corpus, the most robust juridical solution against arbitrary state action, should be adapted to the violation. If violation is systemic then the fight for rights must be too.” He concluded.
This is the second collective habeas corpus issued by the Supreme Federal Court. In February, in response to HC 143.641 filed by the Coletivo de Advogados em Direitos Humanos – CADHu (Human Rights Lawyers’ Collective), the second round of the Supreme Court ruled that all pregnant women or women with children under 12 years old, who are the main defendants for non-violent crimes should be able to carry out pre-sentencing detention under house arrest.
