IDHAE INFORMATION
BRAZIL
September 4
2005
Antonio FERNANDEZ SAENZ,
a lawyer for
the socially deprived inhabitants of
São Bernardo do Campo,
and his wife Jussara BARBATO
The letter of IDHAE
Antonio
Fernandez Saenz is a lawyer who provides legal assistance to the socially
deprived inhabitants of the Jardim Lavínia, Silvinha and Montanhão
neighbourhoods in São Bernardo do Campo, a town south of São Paulo.
He
also provides voluntary legal support to the human rights chapter of the
Pentecostal and Apostolic Church of the Mission of Jesus in São Paulo, run by
his brothers Manuel Fernando Fernandez Saenz and José Fernando Saenz, who like
him have dual Spanish Brazilian citizenship.
After
midnight on 3 September, several military police officers reportedly forced
their way into Antonio Fernandez Saenz's office in São Bernardo do Campo.
The
officers were said not to have presented a search warrant and allegedly took
several documents containing statements by local residents accusing civil and
military police of torture, extortion and the sexual assault of children.
The
next day, Antonio Fernandez Saenz and his wife, Jussara Barbato,reported the
robbery to the Military Police.
Upon
their arrival, officers from the 2nd Company of the 6th Battalion in the State
of São Paulo reportedly tried to dissuade Antonio Fernandez Saenz from filing a
complaint by threatening and intimidating him and his wife.
JournalistDirce
de Andrade, who works at with the same church as Antonio's brothers was
reportedly also threatened with detention and prohibited from taking any
photographs at the scene.
Despite
the intimidation, Dirce de Andrade, Antonio Fernandez Saenz and his brothers
went to the 2nd police station of São Bernardo do Campo to file a complaint.
The
civil police officer on duty reportedly called them "defenders of
criminals" (defensores de bandidos) among other things.
They
were apparently surrounded by 12 military police officers, one of whom
reportedly said "let's take these sons of b… and dispose of them…" (tem mais é que levar e sumir com esses filhos da p…).
They
were then reportedly forced to sign a number of documents and effectively held
for more than ten hours. According to reports, they were charged with
"disobedience" and "disrespect of authority" before finally
being released.
Antonio
Fernandez Saenz was eventually able to file a complaint regarding the unlawful
entry to, and the theft of documents from, his office, thanks to the
intervention of the local police commissioner (delegado).
Amnesty
International has been informed that the men continue to receive anonymous
telephone calls threatening them and urging them to drop the complaint.
BACKGROUND INFORMATION
Amnesty
International has consistently been reporting and denouncing the threats,
intimidation, attacks and killings suffered by human rights defenders in
Brazil.
Those
working for the protection of the human rights of others, especially those from
most marginalised groups, such as socially and economically excluded
communities as well as rural and indigenous groups, have suffered death
threats, intimidatory legal measures including politically motivated arrests,
defamation suits, and killings.
Though
the federal government has set out a National Plan for the Protection of Human
Rights Defenders there still exists a lack of measures, at federal and state
level, to ensure the suitable and effective protection of those under threat.
RECOMMENDED ACTION:
Please
send appeals to arrive as quickly as possible, in Portuguese or your own
language:
-
expressing concern for the safety of Antonio Fernandez Saenz, Jussara Barbato,
Manuel Fernando Fernandez Saenz, José Fernandez Saenz and Dirce Ramiro de
Andrade;
-
urging the authorities to take immediate steps to guarantee their safety, in
accordance with their wishes;
-
calling on the authorities to initiate an independent and transparent
investigation into the alleged theft of documents from Antonio Fernandez Saenz's
office, and to bring all those responsible to justice;
-
calling on the authorities to initiate an independent and transparent
investigation into the intimidation, harassment and threats that he, his wife,
his two brothers and the journalist suffered during their detention in the
police station, and to bring all those responsible to justice;
-
calling on the authorities to publicly recognise the role played by human
rights defenders such as the Fernandez Saenz brothers, and to introduce
effective measures for their protection nationally.
APPELS À
|
Gouverneur
de l’État de São Paulo: Exmo.
Sr. Governador do Estado de São Paulo, Palácio dos Bandeirantes, Av.
Morumbi 4500, Morumbi
05698-900,
São Paulo - SP, BRAZIL Fax: 00 55 11 2193 8621 |
Secrétaire à la Sécurité publique dans l’État de São Paulo
: |
|
Ministre
de la Justice : |
|
COPY TO
Pastoral de Direitos Humanos / Igreja Missão Jesus
Rua Conselheiro Furtado, 885
01511-001 Sao Paulo – SP
Brésil
PLEASE SEND
APPEALS IMMEDIATELY.
AMR 19/022/2005
AU 244/05
ÉFAI
Londres, le 21 septembre 2005