In a Rebuke to the Brazilian Military, Appeals Court Confirms Acquittal of Torture Survivors

RIO DE JANEIRO—An appeals court in Rio De Janeiro rebuked the Brazilian military for engaging in the “hateful practice of torture” as it confirmed the acquittal of six individuals arrested on drugs-related charges by military officers in 2018. The six detainees suffered slaps to the face, punches, kicks, beatings with a broomstick, and other forms of abuse while in military custody for 17 hours, and were pepper sprayed in the face while being transported to detention.

In its decision, the court reiterated that the military’s use of torture made its statements, used as evidence against the individuals, inadmissible.

This case was the first time a forensic investigation into torture in line with the standards set out in the UN-endorsed Manual on Effective Investigation and Documentation of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, known as the Istanbul Protocol, was carried out in Brazil. Following an investigation requested by the Human Rights Unit of the Public Defender’s Office (Defensoria Publica) of Rio de Janeiro, Rio’s forensics institute (Instituto Médico Legal) confirmed that the victims’ allegations of torture at the hands of the military were “highly consistent” with their injuries and psychological state.

“In Brazil, this additional ruling creates a strong precedent for adhering to international medico-legal standards when it comes to investigating allegations of torture, and confirms that public defenders and the courts, even when human rights abuses are perpetuated by military and other security forces, are able to challenge most entrenched violations,” said Masha Lisitsyna, a senior managing legal officer at the Justice Initiative leading work on anti-torture. The Justice Initiative provided legal advice to the Defensoria Publica in this case.

Under international human rights fair trial standards, torture by the police or military must be investigated by an impartial body. Despite this, a Brazilian law passed in 2017 gives the military justice system exclusive authority to investigate and try allegations of torture perpetuated by its own officers. In practice, such investigations are extremely rare. Consequently, in this case, the military prosecutor remains the authority responsible for investigating the allegations of torture and prosecuting any alleged perpetrators if they were to stand trial Additionally, while Rio de Janeiro had an investigation unit begin to investigate pervasive violence by the police, it was disbanded by the new attorney general in 2021.

Lisitsyna added: “While it is a relief that the Brazilian judiciary took these torture allegations seriously, there remains a need for legal reforms to ensure independent, systemic investigations into torture carried out by police and military officers, that ensure that perpetrators are brought to justice. The military must also be stripped of its powers to prosecute civilians in the military justice system to ensure respect for fair trial rights.”

Issued on February 15, this decision rejects the prosecutor’s appeal of the court’s prior acquittal issued in 2019, further appeals are possible in superior courts. A case against the six individuals, who were arrested during a military operation that took place in favelas in northern Rio de Janeiro, remains before military courts. While an appeal to a military court decision could possibly be heard before the Supreme Court, these tribunals are independent from civilian courts, and in Brazil, they retain the ability to decide on criminal charges against civilians.