E/CN.4/2001/66/Add.2
page 142
308. Marcelo Fereira da Costa, aged 28, was allegedly subjected to the same treatment as
Ronaldo Gaspar dos Santos. He had allegedly been held in the dungeon for the two weeks
before the visit of the Special Rapporteur (25 August 2000). At the time of the interview, bruises
and haematomas consistent with his allegations were still visible on his left thigh, left and right
arms and back.
309. Marcelo Miguel dos Santos, a detainee at the casa de detenção of Carandiru, reportedly
went to see the director of Pavillion Six in order to ask him for a transfer from Pavillion Nine on
5 July 2000, in order to benefit from prison progression to a semi-open regime. He is said to
have entered his office with his hands behind his back. The director reportedly told him that if
he was from Pavillion Nine, he could leave the office immediately. Marcelo Miguel dos Santos,
who is said to have a cataract in his eye and not to see very well, reportedly accidentally kicked a
small gate when leaving the office, and apologized. The director allegedly stated that he had
kicked the door out of arrogance, took him to a law enforcement room on the ground floor
(basement), the carceragem. He reportedly told him to undress and he was subsequently beaten
on his back and arm by five or six employees with a piece of wood for about half an hour. The
director is also said to have punched him. As a result of the beating, he reportedly sustained
haematomas under his right arm, swelling to the left side of his back, and injuries to his right
shoulder and the base of his neck. The director is subsequently said to have signed a document
sending him to the punishment cells in Pavillion Five for 30 days for “flouting the authority of a
staff member in order to undermine order and discipline”. His lesions reportedly began swelling.
From 5 until 23 July 2000, he was told that he had no right to go to the hospital, to the
emergency room or to the infirmary in the prison whilst he was in the punishment cell. Other
prisoners are said to have shouted in order for him to obtain treatment. Eventually, the person in
charge of the infirmary is said to have given him painkillers. On 23 July, he was reportedly sent
to the infirmary, and in the afternoon to a hospital by the infirmary doctor. Because of his
injuries, he was said not to have been able to sit. Twice blood and puss was said to have been
massaged from his lesions, the first time five litres, the second time three. He was again taken to
hospital on the night of 25 August for three hours, the longest period he had been in the hospital
since the beating, and was reportedly returned to prison at 1 a.m. Four times, physicians at the
penitentiary reportedly said that he ought to be brought to hospital, but there was said to have
been no military police available to accompany him. At the time of the interview with the
Special Rapporteur, on 26 August 2000, he was in a wheelchair and had visible serious injuries
consistent with his allegations, including a large infected wound on his back. He could not move
his right arm. The Special Rapporteur inspected the disciplinary report on Marcelo Miguel dos
Santos. It stated: “on the date at the place at the time mentioned above, the perpetrator came
into the room of the directorate of the security centre (nucleus) without authorization and was
immediately asked to wait outside the room in order for us to attend to him. He paid no attention
and started running around and hit the door with great aggressiveness. For this reason it is being
recommended that he be sent to preventive isolation in security nucleus III in accordance with
art. 50 LEP.”
310. Denis Renato Fereira, aged 18, was reportedly arrested at home in Francisco Morato
on 21 December 1999 by four military police officers and a court official with an arrest warrant.
He was searched after having escaped from Imigrantes. He was reportedly taken to the closest
police station and was taken the following day to the FEBEM reception unit, where he is said to
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