REPORT Nº 36/01* CASE 11.694 EVANDRO DE OLIVEIRA ET AL. BRAZIL February 22, 2001 I. SUMMARY 1. On July 24, 1996, the Inter-American Commission on Human Rights (hereinafter "the Commission" or “the IACHR”) received a petition from the Center for Justice and International Law (CEJIL) and Human Rights Watch/Americas (hereinafter “the petitioners”) alleging that on October 18, 1994, the Federative Republic of Brazil (hereinafter the “State” or the “Brazilian State” or “Brazil”), had unlawfully executed Evandro de Oliveira, Andre Luis Neri da Silva, Alberto dos Santos Ramos, Macmillea Faria Neves, Adriano Silva Donato, Alex Viana dos Santos, Alexandre Batista de Souza, Alan Kardec Silva de Oliveira, Clemilson dos Santos Moura, Robson Genuino dos Santos, Fabio Henrique Fernades Vieira, and Ramilson José de Souza, and had allegedly sexually abused J.F.C., C.S.S., and L.R.J. during a raid conducted by the Civil Police in the Nova Brasília favela in Rio de Janeiro. The petitioners allege that the Brazilian State is responsible for violating Article 4 (Right to Life); Article 5 (Right to Humane Treatment); Article 8 (Right to a Fair Trial); Article 11(1) (Right to Privacy); and Article 11(2) and 11(3) (right to the inviolability of the home) of the American Convention on Human Rights (hereinafter “the American Convention” or “the Convention”). 2. The State provided information on the domestic measures taken to establish the circumstances in which the offenses occurred. However, it has not expressly disputed compliance with the requirement regarding exhaustion of domestic remedies. 3. After analyzing the allegations of the parties, the Commission decided to declare the case admissible. II. PROCEEDINGS BEFORE THE COMMISSION 4. On November 19, 1996, the Commission asked the Brazilian State to provide information regarding the facts alleged in the petition. On February 19, 1997, and again on March 31, 1997, the State asked for an additional 30 days to respond, and the Commission agreed to both requests. On July 7, 1998, in view of the State's inaction, the Commission sent a letter to the State requesting the necessary information and advising it of the application of Article 42 of its Rules of Procedure. On August 7, 1998, the State forwarded its reply. On September 1, 1998, the Commission forwarded information from the State to the petitioners, who provided additional information on November 17, 1998. On November 25, 1998, and again on May 1, 2000, the Commission requested the Brazilian State to make its final observations. The State did not reply to either of these requests. III. POSITION OF THE PARTIES A. Position of the petitioners 5. The petitioners allege that at 5:00 a.m., on October 18, 1994, a group of 110 civil police from Divisão de Repressão a Entorpecentes [Narcotics Enforcement Division] (DRE) of the state of Rio de Janeiro conducted a raid in the Nova Brasília favela in Rio de Janeiro on the pretext of serving 104 arrest warrants. They add that there was an armed confrontation between drug traffickers and police and that the alleged violations of human rights took various forms, which are described below. 6. According to the petitioners, a first group of police invaded the home of J.F.C. and her boyfriend “Paizinho," and ordered them to surrender. After handcuffing Paizinho, the police kicked him and beat him over the head in order to force him to tell them the whereabouts of 1