E/CN.4/2001/66/Add.2
page 63
charged with observing the implementation of the rights contained in the statute. It is, inter alia,
their duty to inform the Office of the Attorney General of facts that constitute “administrative or
penal infractions against the rights of the child or adolescent” (article 136 (IV)) and to oversee
the application of article 101 ECA to juvenile offenders.
68
Since 1996, seven states have adopted a witness protection programme along the lines of the
PROVITA model in which civil society groups assume primary responsibility for the protection
of witnesses and the Government guarantees financial resources. This model offers an
alternative to many State-run programmes which have reportedly been criticized for holding
witnesses in “near-prison” conditions. According to the information received, the PROVITA
programme does not, however, extend to witnesses with prior criminal convictions.
69
According to the ouvidor, some 37,000 police officers are working in the State of São Paulo.
70
The remaining part of paragraph 4 reads as follows: “(b) against children, pregnant women,
the impaired or adolescents; (c) upon kidnapping”.
71
Ibid.
72
United States Department of State, 1999 Human Rights Report (20 January 2000) - Brazil.
73
Article 9 (1) of the Military Penal Code (Decree-Law No.1001/69 of 21 October 1969)
provides that military crimes are crimes covered in the Military Penal Code “when they are
defined in a different way in civil penal law, or those anticipated in it, regardless of who commits
them, except for special disposition” and, pursuant to paragraph 2, crimes outlined in the Code
“even though they may have the same definition in civil penal law, when they are committed …
(b) by military personnel on active duty or similar status in a place subject to military
administration, against reserve military personnel, retired military or someone similar, or against
a civilian; (c) by military personnel on duty, on a commission of a military nature, or in
formation, even outside the place subject to military administration, or against reserve military
personnel, retired or similar status, or against a civilian”.
74
Article 1 modifies article 9 of the Military Penal Code, by adding the sole paragraph which
stipulates that “(c)rimes contemplated in this article, when wilfully practised against the life of a
civilian, shall fall under the responsibility of the common Justice”. It further modifies and adds
to article 82 of the Military Criminal Procedure Code, by providing, in paragraph 2, that “(i)n
wilful crimes practised against the life of civilians, the Military Justice shall forward to the
common Justice the documents of the military police proceedings”.
75
In February 2001, the State of Pernambuco informed the Secretary for Human Rights that they
would submit a draft law to the Legislative Assembly to pay compensation in civil damages to
the value of 15,000 reais to Edson Damião Calixto and to two heirs and successors of Roselándio
Borges Serrano for damages caused by public agents.
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