E/CN.4/2000/9
page 34
police officers returned and beat and kicked him. After he lost consciousness,
he was reportedly handcuffed and moved, in the boot of a military police
vehicle, to the 8th Civil Police Precinct, where he was allegedly beaten again
and insulted. A civil police officer who is said to have witnessed his illtreatment, reportedly did nothing to prevent what was happening. The military
police allegedly initially prevented him from making a formal complaint.
However, he was reportedly later released and filed a complaint against the
military police. At that time, he was already beginning to develop full-blown
AIDS and was subsequently admitted to hospital with severe gastroenteritis,
possibly brought on by being ill-treated by the police. He reportedly remained
in hospital until his death on 3 November 1994. The police inquiry is said to
have been closed because of lack of evidence and no one was ever charged.
152.
By the same letter, the Special Rapporteur reminded the Government of a
number of cases transmitted in 1997 and 1998 regarding which no reply had been
received.
Follow-up to previously transmitted communications
153.
By letter dated 30 November 1999 the Government replied to information
transmitted by the Special Rapporteur on 5 November 1998 involving a 17-year-old
boy, Magnaldo de Aguiar, allegedly dumped into a vat of chemicals in February
1997 by police in Pernambuco (see E/CN.4/1999/61, para. 87). The Government
replied that a military police inquiry had recommended that a number of members
of the military police, including a major, a lieutenant, a second class
lieutenant and a number of soldiers, should be indicted. The Government stated
that the General Command of the Military Police of the state of Pernambuco had
adopted the findings of the inquiry and had commenced legal proceedings. The
Government reiterated its commitment that the case against the above individuals
would be undertaken with full regard for due process and in accordance with the
law. The Government advised that the Secretary for Public Security of Pernambuco
had received a copy of the depositions made by the indicted members of the
military, with a view to investigating the potential responsibility of the owner
of the company at which the chemical vat which allegedly caused the injuries was
found. The Government further advised that Magnaldo de Aguiar had received
intense medical treatment, including 39 days at the Hospital da Restauração
during which time he underwent plastic surgery to replace skin in the lower part
of his body. He had also been treated by a physiotherapist who initially
reported that he had limited movement, but he has subsequently recovered his
capacity for movement.
154.
By letter dated 7 December 1999, the Government replied to information
transmitted on 5 November 1998 concerning inmates at the Masmorra-Dungeon
Pavillion 4 House of Detention, Carandiru in São Paulo (see E/CN.4/1999/61,
para. 91). The Government indicated that the Secretary for Penitenciary
Administration of São Paulo was of the view that problems at the above detention
facility were provoked by the dimensions of the facility and overcrowding. The
Government indicated that those two problems had been overcome by dismantling
the facility and establishing 21 new detention facilities in São Paulo, some of
which hade already been built pursuant to a cooperation agreement signed by the
state authorities and the Federal Ministry of Justice. In relation to the
incident on 24 January 1998, the Government replied that an Inquiry Commission
was established by the Secretary for Penitenciary Administration to investigate
the facts and determine responsibility for the alleged torture; it was being
presided over by the State Attorney. The Commission accepted the allegations of
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