SAN JOSÉ, COSTA RICA, December 4, 2024 - The Inter-American Court of Human Rights (IACtHR) has condemned Brazil for the forced disappearance of 11 young people from the Favela de Acari, in Rio de Janeiro, in 1990.
The IACtHR's decision takes into account the context of police violence and the actions of death squads and militias in Rio de Janeiro, especially in communities living in poverty, where a scenario of structural racism and discrimination against people of African descent prevails, as pointed out by the amicus curiae brief presented by the Facts and Norms Institute (FNI), prepared by Professor Roberta Cerqueira Reis and lawyer Sofia Viegas Duarte.
The FNI's brief, which focused on police violence, the limits of transitional justice, and the dehumanization of poor and Afro-descendant populations, was cited in the judgment as support for understanding the context in which the disappearances occurred. The IACtHR highlighted the importance of the document in demonstrating that the violence committed by state agents is a structural and persistent problem in Brazil.
In the brief, the FNI argued that "the violence committed by state agents denounced in the Case of Leite de Souza et al. is a present issue" and that "[t]here are continuities between lethal police action during the 1964-1985 dictatorship and during democratic times," in addition to "a system that guarantees impunity for these violations." The brief also highlighted that there is "an unequal distribution of deaths caused by police officers – these are concentrated in poor suburbs and favelas."
The IACtHR's judgment reflected this analysis, stating that "[a]t least since the 1960s, the actions of militias, death squads, or extermination groups [...] composed of police officers involved in criminal activities have been observed." The judgment also recognized that "the violence of the militias is directed mainly against people of African descent, young people, and individuals in situations of poverty and socioeconomic vulnerability."
The FNI's brief also highlighted how "[e]xtrajudicial executions and forced disappearances represent the denial of the human condition of the victims; their legal personality is taken away." This aspect is also present in the IACtHR's judgment when it recognizes that "conduct related to the forced disappearance of persons generates the violation of the rights to recognition of legal personality," among others.
The judgment also incorporated several recommendations from the FNI's brief, including the need to adopt structural measures to combat police violence and impunity. Among these measures are conducting a diagnosis of the actions of death squads and militias in Rio de Janeiro and strengthening investigative capacities according to human rights criteria.
Furthermore, the IACtHR ordered Brazil to adopt measures of reparation for the victims and their families, such as the continuation of investigations into the disappearances, the search for the remains of the victims, the issuance of death certificates, a public apology, the creation of a memorial in the Acari neighborhood, and the payment of compensation for material and non-material damages.
The IACtHR's judgment is an important step towards holding the Brazilian state accountable for the human rights violations committed in the case of Leite de Souza et al. and a recognition of the important work carried out by the "Mothers of Acari" in the search for justice and in the defense of human rights. The decision also reinforces the need to combat police violence and impunity in Brazil, problems that disproportionately affect the Afro-descendant and poor population of the country, especially those who live in favelas and peripheries.
The Court's decision takes into account the arguments presented by the FNI, demonstrating the relevance of the work of academic organizations in the defense of human rights and the promotion of justice. The judgment represents a victory for the victims and their families, and an important step towards building a more just and egalitarian Brazil, where human rights are respected and protected, regardless of social origin, race, or place of residence.
FNI's full brief:
Full judgment of the Inter-American Court:
Comments