E/CN.4/2001/66/Add.2
page 147
323. Otávio dos Santos Filho was reportedly summoned to appear in court in 1996 and
sentenced in absentia to five years and four months’ imprisonment for armed robbery.
According to the prosecutor, he had never received the summons as his address “did not exist”
and the sentence was published in the official gazette. In February 1997, he was reportedly
arrested by military police and taken to the DEPATRI jail in São Paulo where he is said to have
been detained for eight months. On 13 October 1997, his sister-in-law allegedly visited him and
found him in good health. On the following Friday, his sister reportedly found out that her
brother was sick. The following day, she went to the jail to take medication to him. Outside the
police station, she was informed by him through the use of her mobile phone that his request to
be taken to the emergency room had been refused. On Saturday at 4 p.m., she called him again
and he allegedly said that he had been taken to the hospital where he had received some
treatment from a nurse but had not been allowed to see a doctor. According to the information
received, the previous Thursday he had experienced severe breathing problems and had insisted
that he be taken to the emergency room. The delegado reportedly stated that it was too early.
He was allegedly taken from his cell, brought to the parlatorio and punched and kicked
throughout the night, and taken back to his cell the following morning. A witness outside the jail
reportedly saw him vomiting blood when he was being taken to the hospital. Upon hearing
about the events, his sister tried to visit him, but her brother was reportedly too afraid of being
beaten again if he spoke to her. According to the information received, a lawyer was reportedly
informed by the family but did not request immediate access to him. His sister reportedly spoke
to him last on Sunday, when he was said to have been feeling very weak. When she went to the
jail on Monday morning, together with a sister-in-law, the delegado is said to have informed her
of her brother’s death. She was reportedly allowed to see his body on the same day. The death
certificate is said to state the cause of death as “undetermined”. His sister reportedly paid for a
copy of the IML certificate, according to which he died in hospital because he had hit his head
while in jail; no alcohol or drugs had been found in his blood. The sister allegedly sent this
certificate to a medical doctor in Guaratingueta, who concluded on the basis of the certificate and
the photographs she had taken of the body that Otávio dos Santos Filho had died from a
haemorrhage. In December 1997, the human rights commission, through the prosecutor,
reportedly started proceedings and had a first audience with a judge. The prosecutor was
reportedly taken off the case and replaced. The judge reportedly heard witnesses who reported
that on Sunday night the inmates had called for help, that the victim had been bleeding and that
the delegado had stated that there had been no car available to take him to the hospital.
According to the information received, the proceedings were stopped for unknown reasons. The
Special Rapporteur would be grateful to receive information about the outcome of the judicial
proceedings.
324. Nilson Saldanha was reportedly arrested in flagrante delicto on 15 July 1998 and taken
to the 50th, the 70th and later to the 55th district police station. He was allegedly found guilty of
robbing a truck. He was reportedly sentenced and was awaiting the appeal. He reportedly asked
to be transferred to a prison. On 9 July 2000, the civil police officers of the delegacia reportedly
asked the Special Operations Group (GOE) to enter the cell where he was detained to stop a
fight. According to the information received, they entered the cell, told the prisoners to remove
their clothes and searched them for weapons. When they found a gun, they reportedly started
beating detainees (it is thought there was a total of 36 prisoners in the cell), including the abovenamed person who could not get up. The GOE are said to have poured liquid over some
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents