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about 30 minutes. As a result, his mouth and nose were said to have been bleeding. The
delegado reportedly grabbed his arm, told him to stand up and punched him in the head and
chest. An officer allegedly pointed a gun at him and said “let’s finish him” but finally put the
gun away and hit him again. As he fell down, several agents reportedly started to kick him for
about 15 to 20 minutes. He was allegedly made to stand up, and punched in his eyes, before
being placed in a cell at 2 a.m. for about an hour. He was then reportedly beaten again and
showered with cold water. He was said to have been taken to see a lawyer waiting at the police
station who allegedly told him that he was under arrest for disrespecting the authorities and for
aggression. In 1997, he was reportedly cleared of these charges in court. When he left the police
station, he reportedly saw a medical doctor, who allegedly certified that he had been severely
beaten. The following day, he is said to have lodged a complaint against the police officers with
the Office of the Public Prosecutor, which reportedly opened an investigation. The prosecutor of
the Republic is said to have sent the case to a federal court. The police officers reportedly
submitted a federal habeas corpus petition, arguing that the Ministry of the Public Prosecutor had
exceeded its competence in investigating cases involving federal police officers. This is said to
have stopped the proceedings in 1998. Since then, Carlos Abel Dutra Garcia has reportedly been
subjected to death threats by police officers who reportedly called him in to the police station to
give a statement, and he was allegedly being followed. As a result, he reportedly applied to the
National Secretariat for Human Rights for support and protection against the federal police,
which he was said not to have been granted. The general prosecutor reportedly submitted new
indictments of the police officers for “administrative impropriety”. These indictments were
allegedly not accepted by the judge of first instance, who reportedly refused them as
“inappropriate”. In July 2000, Carlos Abel Dutra Garcia is said to have filed a civil action
seeking damages. The proceedings are said to be pending before the Supreme Court in Brasilia.
The Special Rapporteur would be grateful to receive information on the outcome of the judicial
proceedings.
249. Anderson Carlos Crispiniano, a 20-year-old man, was reportedly arrested by three civil
police officers at his home in a Rio de Janeiro shanty town (Morro do Adeus) on 28 June 2000.
According to the information received, the police officers had no arrest warrant and his family
was not informed about where he would be taken. It is reported that later on that night, his
family looked for him at the nearest local police station, where they allegedly were told that there
existed no information about his arrest. His family allegedly received a phone call later from the
officers, who indicated they would be in touch but refused to report where Anderson Carlos
Crispiniano was being held. According to the information received, his family received a second
telephone call and spoke briefly to him but were not informed of his location. The family
reportedly received a third phone call, in which the officers told them that if they did not give
them 5,000 reais, a gold chain and his car keys, they would plant drugs on him and kill him. A
woman identifying herself as an “attorney” instructed by the officers reportedly came to the
shanty town later and picked up the gold chain and the car documents (his relatives had not had
time to raise all the money demanded). About one hour later, the woman reportedly returned and
picked up the money the family was able to raise. Twenty minutes later, she allegedly came
back in a vehicle with Anderson Crispiniano sitting on the back seat. According to the
information provided, he had been beaten on the head repeatedly and his toenails had been torn
out during his detention. He was reportedly taken to a clinic and to a hospital. As a result of the
torture, he was reportedly unable to speak. He was allegedly diagnosed as having suffered from
a stroke and bore marks of severe beatings on many parts of his body. According to the
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