REPORT Nº 78/981
CASE 11.566
NOVA BRASILIA SHANTYTOWN
BRAZIL
September 25, 1998
I.
INTRODUCTION
1. On November 3, 1995, the Inter-American Commission on Human Rights (hereinafter "the
Commission") received from the Center for Justice and International Law (CEJIL) a complaint of
violation of rights protected in the American Convention on Human Rights (hereinafter "the
Convention") by the Federal Republic of Brazil (hereinafter "the State," "the Brazilian State," or
"Brazil") against Cosme Rosa Genoveva and another thirteen persons whose corpses have not
been identified, who perished in the shantytown of Nova Brasilia, State of Rio de Janeiro, in the
course of a raid by the Rio de Janeiro State police on May 8, 1995. The complaint alleges violation
by the Federal Republic of Brazil of the right to life (Article 4) in conjunction with the obligation
to guarantee and respect the rights protected in the American Convention on Human Rights
(Article 1(1)). The State asserted that the police officers were engaged in the performance of
their duties and that the domestic remedies had not been exhausted.
II.
PROCESSING BEFORE THE COMMISSION
2. The case was opened on January 18, 1996 and the State was sent a request for information
on the facts alleged by the petitioner. On April 19, 1996, the State replied that, owing to the
complexity and breadth of the investigation in progress, it requested an extension of 30 days,
which the Commission granted on April 26, 1996. Two hearings were held on the case in March
and October 1996 in the course of the respective regular sessions of the Commission. In the
second hearing the Government stated its position orally. In these hearings the Commission
offered to make itself available to the two parties to mediate a friendly settlement, but received
no affirmative response. The State has not yet sent the Commission its written comments on
the case.
III.
A.
POSITIONS OF THE PARTIES
Position of the petitioner
3. The petitioner alleges that on May 8, 1995, officers of the Rio de Janeiro State police entered
the shantytown of Nova Brasilia to seize drug traffickers and weapons. That a confrontation took
place between police and traffickers that resulted in several deaths. Three alleged traffickers
died at the place of the police raid, another was killed by a bullet shot from a police helicopter,
and another two died in the alleys of the shantytown. Eight persons sought refuge in a house,
and are said to have exclaimed that they surrendered when the police broke in and killed them.
4. He alleges that the police investigation was opened on the same day, May 8, and after the
passage of five months was not yet concluded. Brazilian legislation prescribes that such
investigations are to be completed in not longer than 30 days, except in difficult cases, the time
for which may be extended by judicial order, which extension was not granted in this case. He
alleges that no ballistic tests were performed on the scene and that there are contradictions
among the testimonies of the witnesses, and that eyewitnesses were not questioned, among
other alleged irregularities in the investigation. That the promoter of the case has advised them
that she concurs in the police version that the police officers fired in self-defense.
5. He alleges that the police investigations have been unjustifiably delayed, five months having
elapsed since events in question without their being completed. The petitioner has therefore
requested that the Commission declare the Federal Republic of Brazil in violation of article 4 of
the American Convention in conjunction with its Article 1(1). He also requests that the State
As prescribed in Article 19(2)(a) of the Commission’s Regulations, Member of the Commission Hélio Bicudo, of Brazilian
nationality, did not participate in the discussions or the voting on this case.
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