The Observatory for the Protection of Human Rights Defenders, a joint programme of the International Federation for Human Rights (FIDH) and the World Organization Against Torture (OMCT) requests your urgent intervention in the following situation in Brazil.
Brief description of the situation:
According to the information received, on April 18, 2006, the Internal Affairs Office of the Foundation for the Well-Being of Minors (Fundação do Bem-Estar do Menor - FEBEM), a public agency of the State of Sao Paulo in charge of the detention of juvenile offenders, lodged a complaint against Mrs. Paganele for « harm » (article 163 of the Criminal Code), « inciting a crime » (article 286), « conspiracy » (article 288) and « aiding and abetting an escape » (article 351), after she denounced on several occasions collective acts of torture perpetrated against children detainees. On the basis of this complaint, a police investigation was launched against Mrs. Paganele, who was summoned to make clarifications on those facts on May 12, 2006.
This new proceeding adds to other police investigations that have been opened against her in relation with investigations in two movements of rebellion in FEBEM detention centers on November 23, 2005 and April 4, 2006. On March 31, 2006, officials from the UI-19 Unit filed an incident report, in which they accused Mrs. Paganele of «injury» (article 140 of the Criminal Code, which provides for sanction for "injuring a person, offending their dignity or decency").
In 2005, Mrs. Paganele had already received serious threats, after she publicly denounced, in January 2005, human rights violations in the FEBEM UI 41 Detention Unit, following which 20 FEBEM officials were sentenced to imprisonment. She was also targeted by defamation campaigns, as shown by the declarations of Mr. Geraldo Alckmin, then Governor of the State of Sao Paulo, who publicly accused Mrs. Paganele of « creating problems » when asked about the situation in the FEBEM centers in an interview to the Globo Online, on November 23, 2005.
The Observatory recalls that the inhumane conditions of detentions and the systematic violence in the FEBEM centers have been widely condemned by the international community including the UN Special Reporters on Torture, Summary executions and on the Independence of Judges and Lawyers. Besides, in November 2005, the Inter-American Court of Human Rights ordered the Brazilian authorities to « adopt without delay the necessary measures to prevent the juvenile detainees from being submitted to cruel, inhuman and degrading treatment ».
In 2001, Ms. Paganele received the National Human Rights Prize from President Fernando Henrique Cardoso. In 2003, her organization received the same honor, this time receiving the prize from the acting President, José Alencar, for her work monitoring and promoting human rights at the FEBEM units in São Paulo.
The Observatory strongly condemns these acts of judicial harassment against Mrs. Paganele, and call the Brazilian authorities to immediately drop the charges against her, as they are arbitrary and only aim at sanctioning her role as a human rights defender.
Action requested:
Please write to the Brazilian authorities and ask them to:
i. guarantee the physical and psychological integrity of Mrs. Paganele, as well as of all human rights defenders in Brazil;
ii. prevent any kind of repression against her, including judicial persecution;
iii. comply with the Declaration on Human Rights Defenders, adopted by the General Assembly of United Nations on December, 9 1998; in particular its article 1 that states "everyone has the right, individually and in association with others, to promote and to strive for the protection and realization of human rights and fundamental freedoms at the national and international levels", as well as article 12.2., which states that "the State shall take all necessary measures to ensure the protection by the competent authorities of everyone, individually and in association with others, against any violence, threats, retaliation, de facto or de jure adverse discrimination, pressure or any other arbitrary action as a consequence of his or her legitimate exercise of the rights referred to in the present Declaration";
iv. conform to the Universal Declaration of Human Rights and international and regional instruments relative to human rights, binding Brazil.
Addresses:
q Misión Permanente de Brasil ante las Naciones Unidas en Ginebra. 71 Avenue Louis Casai, 1216, Cointrin. Case Postale 165. E-mail: mission.brazil@ties.itu.int, FAX: +41.22.788.25.05, +4122.788.25.06 Tel.: + 41.22.929.09.00 Case Postale 165
q S.E. Dr. Lula da Silva, Presidente da República, Presidencia da República, Praça dos Três Poderes, Palácio do Planalto, 3. Andar, 70.150-900 - Brasília - DF. Brasil. Fax: ( +55 61) 223 06 64 o 322 23 14.
E-mail : pr@planalto.gov.br
q S.E. Márcio Thomaz Bastos, Ministro da Justiça, Ministério da Justiça, Esplanada dos Ministérios, bloco T, 4. Andar, 70.064-900 - Brasília - DF. Brasil. Fax : ( +55 61) 322 68 17. E-mail : gabinetem@mj.gov.br
q Ministro Paulo Vannuchi, Secretaria Especial de Direitos Humanos, Esplanada dos Ministérios - Bloco T - Sala 420 - Edifício Sede do Ministério da Justiça, CEP 70064-900 - Brasília - DF - Brasil, Tel. (5561) 3429-3106/3429-3142 Fax: (5561) 3226-7980, E-mail: paulo.vannuchi@sedh.gov.br
q Sr. Cláudio Lembo, Governador do Estado de São Paulo, Palácio dos Bandeirantes, Av. Morumbi, 4500
CEP 05650-905 - São Paulo - Brasil, Tel. (5511) 2193-8344, E-mail: clembo@sp.gov.br
q Sra. Berenice Maria Giannella, Presidente da Fundação Estadual do Bem-Estar do Menor, Rua Florêncio de Abreu, 848 - Luz, CEP 01030-001 - São Paulo - SP - Brasil, Tel: (5511) 6846-9116, E-mail: febemsp@febem.sp.gov.br
q Please also write to the embassies of Brazil in your respective country.
***
Paris - Geneva, May 11, 2006
Kindly inform us of any action undertaken quoting the code of this appeal in your reply.
The Observatory, a FIDH and OMCT venture, is dedicated to the protection of Human Rights Defenders and aims to offer them concrete support in their time of need.
The Observatory was the winner of the 1998 Human Rights Prize of the French Republic.
To contact the Observatory, call the emergency line:
E-mail: Appeals@fidh-omct.org
Tel and fax FIDH: + 33 1 43 55 20 11 / + 33 1 43 55 18 80
Tel and fax OMCT: + 41 22 809 49 39 / + 41 22 809 49 29