{"id":32461,"date":"2021-06-30T12:15:24","date_gmt":"2021-06-30T12:15:24","guid":{"rendered":"https:\/\/conectas.org\/?post_type=noticia&p=32461"},"modified":"2021-07-05T14:50:31","modified_gmt":"2021-07-05T14:50:31","slug":"justice-by-video-conference-suppresses-complaints-of-torture-organizations-tell-iachr","status":"publish","type":"noticia","link":"https:\/\/conectas.org\/en\/noticias\/justice-by-video-conference-suppresses-complaints-of-torture-organizations-tell-iachr\/","title":"Justice by video conference suppresses complaints of torture, organizations tell IACHR","content":"

The use of videoconferencing in pre-trial custody hearings undermines the fight against torture. This is the claim made by human rights organizations that participated on Wednesday, June 30, in a hearing staged by the Inter-American Commission on Human Rights (IACHR) to debate the matter, in particular the effects of so-called virtual justice on the right to a legal defense and on the physical integrity of persons deprived of liberty in the region.<\/span><\/p>\n

According to the organizations that signed a document with complaints submitted to the IACHR, the suspension of in-person custody hearings \u2013 one of the primary ways of curbing police abuse \u2013 is currently one of the main obstacles in the combat of torture in Brazil and Latin America.\u00a0<\/span><\/p>\n

Before the pandemic, the law established that detainees must be presented before a judge as soon as possible after their arrest to assess the legality of the detention and to look for any signs of mistreatment \u2013 which is impossible remotely, on a computer screen, without being able to see the body of the detainee. In Brazil, three months after the pandemic was declared by the WHO, reports of torture fell 83%, according to data from the National Justice Council (CNJ).\u00a0<\/span><\/p>\n

Research commissioned by the Association for the Prevention of Torture (APT), which looked at 16 countries over a period of 30 years, showed that presenting detainees before a judge within hours of their arrest is the most effective way to prevent and reduce torture and mistreatment precisely at the time when the risk of abuse and torture is highest.\u00a0<\/span><\/p>\n

\u201cThe screen, the physical absence of the defense and the fact that virtual hearings often occur inside the police station or the prison system rules out any sense of security that the detainee needs to report any violence they may have suffered,\u201d said Sylvia Dias, a lawyer and representative of APT in Brazil.<\/span><\/p>\n

According to the advisor for the program to Combat Institutional Violence at Conectas, Carolina Diniz, remote justice reduces the chance of complaints being reported. \u201cWithout a safe environment, reports of violence are unlikely to even come to light, undermining the accountability and the oversight of police activity,\u201d she said.<\/span><\/p>\n

The organizations also warned of the risk that remote legal procedures may be converted from an exception during the pandemic to the rule. A survey conducted by the Defense of the Right to a Defense Institute (IDDD) found that, from March to November last year, 19 State Courts in the country permitted custody hearings to be held virtually, and 12 of them did not establish a time frame to return to normal.\u00a0<\/span><\/p>\n