The São Paulo Court of Justice (TJ) understood that there was no torture or ill-treatment in the case of the man carried with his hands and feet tied by military police in São Paulo. The understanding of Judge Gabriela Marques da Silva Bertoli, which appears in a decision handed down at the custody hearing on June 5, was based on the elements that were presented to the magistrate on the occasion, informed the court. At the hearing, the boy’s arrest in flagrante delicto was converted into preventive detention. Also according to the TJ, the judge did not have access to the images that were broadcast later and spread through social networks. However, the boy’s arrest report already contained information that he had been immobilized with a rope by the police, according to information from the Secretariat of Public Security (SSP). “The images are frightening, they are terrible, they take us back to a scene of barbarism. A citizen being carried, taken into custody by the state, by military police officers with their feet and hands tied behind their backs, is a type of attitude, a procedure that cannot be justified in any way”, evaluated the criminal lawyer and director of the Institute Defense of the Right to Defense (IDDD), Alexandre Daiuto Noal. According to the Secretariat of Public Security, the man was arrested red handed for theft in a supermarket in Vila Mariana. An inquiry was launched to determine the circumstances surrounding the actions of the agents involved in the episode, according to the SSP. Approach Video of the approach circulates on social networks showing the man with his hands tied to his feet, so that he was not allowed to walk, being carried by two military police officers. The agents carry the boy holding the rope and shirt. Still tied up, he is placed in the trunk of a car. The situation occurred inside an Emergency Care Unit (UPA). Last Wednesday (7), the São Paulo Military Police (PM) reported that it removed from operational activities six police officers who carried the tied man. According to Noal, the PM has to be prepared for the different types of situations they face on a daily basis, even if it is a situation of resistance or lack of control by the suspect. “We see there in those terrible scenes, by all indications, the practice of torture, abuse of authority, use of excessive force and contempt for human beings. A regrettable scene from several aspects, both social and legal, as well as procedural”. The custody hearing, according to the lawyer, is an important instrument to curb violations by state agents, however, it did not fulfill its role in this case. “if arrived [a informação de que o suspeito foi amarrado] and nothing was done, naturally the custody hearing did not go well. If it did not come to the attention of the actors there who were present, it is because the state is failing in this type of control, in this type of situation.” He emphasizes that, after becoming aware of possible violations by state agents in the custody hearing, the justice system should take steps to immediately verify the facts, which may even result in the relaxation of the arrest or the granting of freedom to guarantee the safety of the suspect. “Not only custody hearings, but the state’s entire procedure for investigating torture and ill-treatment, abuse of authority, needs to be improved,” added Noal.
Agência Brasil
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