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Brazil: death threats: Franco Caneva Jr, Fernando Cesar Nucci, Stella Kuhlmann (f)

, رقم الوثيقة: AMR 19/015/1995

Three public prosecutors at the Military Courts of Sao Paulo are reported to have been receiving death threats because of their work to prosecute military police officers implicated in the so-called "House of Detentions massacre" in October 1992. The threats are reportedly related to the prosecutors' public statements in favour of transferring certain human rights crimes from the military to the civilian courts. The three public prosecutors named above, especially Dr Stella Kuhlmann, have previously received death threats.

EXTERNAL AI Index: AMR 19/15/95
UA 191/95 Death Threats 1 August 1995
BRAZIL Franco CANEVA Jr
Fernando César NUCCI
Stella KUHLMANN (f) - public prosecutors (promotores)
Three public prosecutors at the Military Courts of o Paulo state are reported
to have been receiving death threats because of their work to prosecute military
police officers implicated in human rights violations.
According to the information received by Amnesty International, the threats
are related to the prosecutors' investigations into the "House of Detention
massacre" of October 1992 and other crimes committed by members of the military
police, particularly the elite battalion known as ROTA (Rondas Ostensivas Tobias
de Aguiar). The threats are also reportedly related to the prosecutors' public
statements in favour of transferring the jurisdiction of certain human rights
crimes from military to civilian courts.
The above-named prosecutors, especially Dr Stella Kuhlmann, have previously
received death threats, in 1992 and 1994. However, the threats have intensified
since 29 June 1995, when the three met with Justice Minister Nelsom Jobim and
were urged by him to speed up proceedings against 120 military police officers
and soldiers charged with homicide and other crimes for their participation
in the 1992 massacre. According to recordings of the telephone calls, the
callers use police-like codes and jargon.
BACKGROUND INFORMATION
On 2 October 1992 a rebellion erupted in the Casa de Detenção prison in São
Paulo. Fighting broke out between prisoners who then seized control of Block
9 of the prison. Shock troops of military police stormed the prison to quell
the rebellion. When they withdrew 11 hours later, 111 prisoners were dead.
Eight separate inquiries into the massacre were established. All found that
either "excesses" or "military crimes" had been committed and that most
prisoners were killed while defenceless in their cells. The military justice
prosecutor has brought charges against 120 military police officers and soldiers
for homicide, attempted homicide and grievous bodily harm. The prosecutor
described the massacre as "the largest slaughter recorded to date in a single
prison in the world [where] detainees' prison sentences were arbitrarily and
illicitly turned into death sentences."
Dr Stella Kuhlmann suffered extensive intimidation in 1992, when she and other
prosecutors began an investigation into alleged murder and extortion by members
of the ROTA military police battalion. In addition to the death threats, a
number of bomb threats occurred at the courthouse where the trial members of
a ROTA unit was held. The trial resulted in the convictions of two of four
police defendants in August 1993.
This is the second case in Brazil in one month where public prosecutors
investigating crimes by members of the military police have been threatened
with death. In July public prosecutors Mauricio Assayag and José Muiños Piñeiro
investigating a massacre by military police officers in Rio de Janeiro
reportedly received death threats. In this case the judge in charge of the
proceedings, was also threatened (see UA 167/95, AMR 19/13/95, 10 July 1995).
2
RECOMMENDED ACTION: Please send telegrams/telexes/faxes/express/airmail
letters in Portuguese or in your own language:
- expressing concern for the safety of prosecutors Franco Caneva Jr, Fernando
César Nucci and Stella Kuhlmann, following death threats against them;
- urging the authorities to take immediate steps to guarantee their physical
safety;
- requesting that the threats be thoroughly investigated and those responsible
brought to justice.
APPEALS TO:
Minister of Justice
Exmo. Sr. Ministro da Justiça
Sr. Nelson Jobim
Ministério da Justiça
Esplanada dos Ministérios, Bloco 23
70.064 Brasília, DF, Brazil
Faxes: +55 61 321 5145/224 2448
Telegrams: Ministro Justica, Brasilia, Brazil
Salutation : Vossa Excelência/ Your Excellency
Governor of São Paulo
Exmo Sr Governador do Estado de São Paulo
Dr Mário Covas
Palácio dos Bandeirantes
Av Morumbi s/n
05.598 São Paulo -SP
Brazil
Faxes: + 55 11 843 9271 (if recorded message, try again later)
Telegrams: Governador Covas, Sao Paulo, Brazil
Salutation : Vossa Excelência/ Your Excellency
State Secretary for Public Security, São Paulo
Exmo Sr Secretário de Segurança Pública
do Estado de São Paulo
Sr José Afonso da Silva
Avenida Higienópolis 758
CEP 01238-000
São Paulo, Brazil
Faxes: + 55 11 825 8813 (if recorded message, try again later)
Telegrams: Secretário de Segurança Pública, Sao Paulo, Brazil
Salutation : Sr Secretário/Mr Secretary
COPIES TO:
Núcleo de Estudos da Violéncia
Universidade de São Paulo
Rua do Anfiteatro 181- Colméia-Favo 11
Cidade Universitária
05508-900 São Paulo
Brazil
Procurator General,State of São Paulo
Procurador Geral de Justiça do Estado de São Paulo
Dr José Emanuel Burle Filho
Rua Libero Badaró 600
3
01008-908 São Paulo, SP, Brazil
and to diplomatic representatives of Brazil accredited to your country.
PLEASE SEND APPEALS IMMEDIATELY. Check with the International Secretariat,
or your section office, if sending appeals after 16 September 1995.

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