E/CN.4/2001/66
page 45
Fundación Nacional del Indígena (FUNAI), los indígenas habrían sido llevados a la localidad de
Parajuí, pero todos ya estarían de regreso a Potrero-Guaçu. El acceso al área ya está
normalizado. La Policía Federal ha detenido a cinco de los pistoleros, y sigue con las
investigaciones para identificar a los démas responsables de dichos actos.A su vez la FUNAI ha
aumentado el número de sus funcionarios en la región y nombró dos abogados para un
seguimiento del caso y prestar la asistencia que corresponda a los indígenas. La FUNAI informa
asimismo de que el proceso de demarcación del territorio indígena en Potrero-Guaçu está
avanzado y de que un grupo técnico de la Fundación ya identificó el área que podrá ser declarada
como de ocupación tradicional indígena.
187. On 7 July 2000, the Special Rapporteur sent a joint urgent appeal with the Special
Rapporteur on extrajudicial, summary or arbitrary executions on behalf of Anderson Carlos
Crispiniano, who had reportedly been taken away from his home in Morro do Adeus, a
shantytown in Rio de Janeiro, on 28 June 2000, by a group of police officers, three of whom
were said to be wearing the uniform jacket of the Rio de Janeiro State Civil Police. The police
allegedly arrested him in connection with two recent homicides. However, they presented no
arrest warrant and refused to indicate where they were taking him. His family was told at the
Polinter police station that they had no information about his arrest. His family is then said to
have received a telephone call from the officers who had taken him away, who instructed them
not to speak to the police. Later, one of the officers reportedly demanded 5,000 reais, and
reportedly threatened that if their demands were not met, they would plant drugs on him and kill
him. The family reportedly handed the money to a representative of the officers, who reportedly
returned with the detainee. He reportedly stated that he had suffered an epileptic fit. He had
allegedly been severely beaten on the head, face and other parts of his body and had had four
toenails torn out. He reportedly lost consciousness and was taken to the Bonsucesso General
Hospital. As a result of the torture, he is reportedly unable to speak, suffers from partial
paralysis and has been initially diagnosed as having suffered a stroke. On 3 July 2000, a
Brazilian newspaper reportedly published an article about the incident. Shortly afterwards, the
officers who had reportedly tortured Anderson Carlos Crispiniano called his family and
threatened to kill him and his relatives if they did not keep quiet about the incident. Police
officers are said to have visited the Bonsucesso General Hospital inquiring whether Anderson
Carlos Crispiniano was being held there. No police protection is said to have been afforded to
Anderson Carlos Crispiano and his family (see also E/CN.4/2001/66/Add.2).
188. On 28 August 2000, the Special Rapporteur sent an urgent appeal while on mission to
Brazil regarding information he had received from the Public Prosecutors for Children and
Adolescents of the City of São Paolo according to which at least three minors that he had met at
the detention facility for minors Franco da Rocha, under the jurisdiction of the Fundação
Estadula para o Bem Estar dor Menor (FEBEM) had been subjected to intimidation and reprisals,
including beatings. On 24 August, these minors had provided the Special Rapporteur with
information relevant to his mandate during confidential interviews. It is alleged that 24 hours
later they were beaten and punched by FEBEM guards (monitores), some of whom were wearing
hoods. They were allegedly told that this was in retaliation for the Special Rapporteur’s visit.
Furthermore, since this visit, it is reported that a large number of minors, mainly detained
in G and H wings, were locked in their cells 24 hours a day. The Director of the FEBEM
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