Conectas and SMDH present complaints to attorney general

Organizations reiterate request for intervention in Pedrinhas prison

Since the start of the one of the most serious crises ever faced by the Brazilian prison system, which has already caused the death of at least 63 inmates since last year, human rights organizations have been calling for federal intervention in the Pedrinhas prison complex, in the state of Maranhão, and the federalization of the crimes committed there. On Tuesday, January 21, representatives of Conectas and the Maranhão State Society of Human Rights met in Brasília with the Brazilian Attorney General, Rodrigo Janot, to reinforce the request. The Attorney General’s Office has the constitutional authority to request both federalization and federal intervention from the Supreme Court.

At the meeting, the organizations also recounted to the Attorney General what they had seen during their inspection of the prison complex on January 13. During the visit, conducted with members of the Human Rights Commission of the Senate, they noted the inability to identify the police officers who have been occupying the prison since the end of the December. Many of them were wearing balaclavas that covered their faces.

They also discussed the serious allegations of torture made by the prisoners and their families – which prompted a new request for the NGOs to be given access to the prison without prior authorization. Furthermore, the organizations stressed to the Attorney General the lack of dialogue by federal and state governments with civil society.

Rodrigo Janot expressed his concern with the situation and pledged to take the necessary measures to protect the inmates. He also confirmed that the request for federalization and federal intervention made by Conectas, SMDH and Justiça Global is being analyzed by his office.

Precautionary Measure

The request for a Precautionary Measure made by SMDH and the State Bar of Maranhão (OAB/MA) was also on the agenda. The organizations informed the Attorney General that a working meeting with the Ministry of Foreign Relations, scheduled for January 17, had been cancelled without any official justification. Janot offered to serve as a mediator with the federal government and agreed that it was essential for at least the petitioning organizations to participate in the debate on solutions for the crisis.

On January 20, SMDH and OAB/MA sent an updated report to the OAS and requested the inclusion of Conectas and Justiça Global as petitioners in the case.

What the law says

The request for federalization filed by the NGOs with the Attorney General’s Office is based on article 109 of the Brazilian Constitution, which was added by Constitutional Amendment No. 45 of 2004. The article asserts that the federal judiciary has the authority to process and judge cases of human rights violations provided for in international treaties or conventions.

Paragraph 5 of the article adds: “In cases of serious human rights violations, and with a view to ensuring compliance with obligations deriving from international human rights treaties to which Brazil is a party, the Brazilian Attorney General may request, before the Superior Court of Justice, and in the course of any of the stages of the inquiry or judicial action, that jurisdiction on the matter be taken to Federal Justice.”

Article 34 of the Constitution, meanwhile, gives the federal government the right to intervene in the states in cases of serious breakdowns of public order and to ensure the observance of the rights of the human person. In order for the federal intervention to occur, in these cases, the Attorney General must submit a Direct Action of Unconstitutionality for Intervention to the Supreme Court. If it is approved, the Presidency of the Republic then issues a decree for intervention – a document that specifies the scope, duration and terms of the intervention and appoints an intervener.