Human Rights Entities Say Brazilā€™s Febem TatuapĆ© Juvenile Detention Complex Continues to Receive New Arrivals Despite Announced Deactivation

Summary: "All interns from Unit 33 demolished two days prior to our visit were moved to other units in the same complex. Nothing has been deactivated, quite the contrary. We have also found proof of many cases of torture including the use of electric shock," said Attorney Ariel de Castro Alves, who visited Febem TatuapƩ complex Friday 31. The first rebellion of 2006 ended this Thursday with 57 people injured. The OAS has filed charges against the TatuapƩ complex.

[7 April 2006] - Then Governor of SĆ£o Paulo and PSDB Presidential candidate runningĀ  in this yearā€™s October 1st elections, Geraldo Alckmin announced late March the complete deactivation of the TatuapĆ© juvenile detention complex, part of the FundaĆ§Ć£o Estadual do Bem Estar do Menor (Febem). The buildings are to give way to a park.

The former governor compared the complex to the infamous penitentiary Carandiru torn down after an inmate massacre: ā€œFebem is going to go the way of Carandiru, big complexes will be no more. There are 14 units under construction and 8 being contracted for,ā€ said the presidential candidate. Alkmin was present at the demolition of Unit 33, on the 29th.

Two days after the demolition a commission of lawyers, sociologists and community leaders visited the TatuapƩ complex and found that all the interns from the demolished unit had been in fact transferred to other units in the same complex.

ā€œIt was just a government publicity stunt, nothing is being deactivated, quite the contrary, more teens are arriving at the complex,ā€ said Attorney Ariel de Castro Alves, State coordinator of the National Human Rights Movement (MNDH), irate at the government.

ā€œWe discovered that all the interns from Unit 33, demolished by the governor two days previously, had been transferred to other units in the same complex, where over 1,300 interns are still housed in 16 units. Most of them are in Unit 1. We have also found many cases of torture in Units 14, 17 and 19, including the use of electric shock.ā€ (Read the full interview with Ariel de Castro Alves next Monday the 10th)

The TatuapĆ© complex has long been seen as one of SĆ£o Pauloā€™s most problem ridden child and youth detention center. It has been the scene of no less than 18 rebellions in 2005.

The first uprising of 2006 began last Tuesday the 4th, and was only controlled after a military police invasion the next morning. Seven units were involved and 57 people were injured.

OAS files charges against Febem

On the eve of its thirtieth anniversary, April the 26th, Febem is going through a severe crisis involving deaths, reports of torture, rebellions, dismal hygiene, and the lack of medical care and educational programs. There are many charges filed against Febem, as well as complaints being made both nationally and internationally.

Two days prior to announcing the deactivation of the TatuapƩ complex, Febem was sentenced to paying the parents of Ronaldo Garbeloto who died the 14th of September 2003 in the Franco da Rocha complex, compensation for moral injury and material damage.

His death was considered one of the most violent in the history of the institution. It was aggravated by the fact that he was under special protective custody for death threats known to Judges, Prosecutors, Directors and other employees.

The Inter American Human Rights Court of the Organization of American States, the OAS, has also filed charges against Febem. On the 29th of November 2005, in an audience held in Costa Rica, the Court determined that the Brazilian State must implement immediately 8 provisionary measures in favor of teens interned at Tatuape.

The measures include preventing rebellions, protecting the lives and physical integrity of interns, the identification and punishment of those responsible for torture and maltreatment, cutting down on the number of interns in each unit and housing them separately according to age, height and crime, and finally, the systematic review of conditions at the detainment centers, as well as the physical and emotional state of the adolescents held.

It was the first time that the Court adopted measures designed specifically for the benefit of children and teenagers held in public detention centers.

In March 2006, four months after the OAS decision, human rights organizations released the first report on the implementation of the measures. A report issued after December and January visits to the 17 Febem TatuapƩ Units said no significant changes had been made.

If Febem fails to abide by the OAS demands, Brazil could suffer economic sanctions and political embarrassment, being officially reprimanded at the OAS Assembly.Ā 

New Case

To further complicate the nightmare scenario at Febem, the Inter American Human Rights Commission of the OAS has filed new charges undergoing judgment in March, only this time it is against Febem as a whole, including the deactivated units.

Representatives of the State of SĆ£o Paulo have proposed an agreement which foresees the payment of four compensations and a shared administration of one of its detention units with NGOs. The proposal, however, was considered insufficient and no agreement was made. The Commission must decide by July whether or not to take the case to the OAS Court.

But the final blow to Febem could take place this year, since the SĆ£o Paulo Legislative Assembly should vote on a Bill to extinguish the institution for once and for all. The Bill by State congressman Renato SimƵes (PT) has been running in the house for the past five years.

Twice the number of escapes in 2005

There were 35 revolts and 1,294 escapes in 2005, twice the numbers recorded in 2004. Of these 18 (52.95%) took place in the TatuapĆ© complex. The recorded upsurge coincides with the institutionā€™s period of highest occupancy, registering 6,860 interns, or 72.6% higher than in the year 2000.

Read further:
Book analyzes recent policy on youth in conflict with the law and proposes reform for Brazilā€™s juvenile justice system

Brazilian state to "re-hab" youth rehabilitation centres

Owner: COAV - Children in Organised Armed Violence / Viva Riopdf: http://www.coav.org.br/publique/cgi/cgilua.exe/sys/start.htm?sid=114&Use...Association: COAV Newsroom

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