IACHR
Press Release
IACHR Announces the Publication of Report No. 111/20 on Case 12.674, Marcio Lapoente Da Silveira, Concerning Brazil
June 25, 2020
Washington, D.C. - The Inter-American Commission on Human Rights (IACHR) has announced its decision to approve the friendly settlement of Case 12.674, Marcio Lapoente Da Silveira, signed in December 2011 and January 2012 by the victim’s relatives, their representatives, and the Brazilian State.
On December 8, 2004, the IACHR received a petition filed by Joss Brian Opie on behalf of Sebastião Alves da Silveira and Carmen Lapoente da Silveira, alleging that the Federative Republic of Brazil was internationally responsible for the violation of the human rights contained in articles I (the right to life, liberty, security, and humane treatment) and XVIII (the right to justice) of the American Declaration of the Rights and Duties of Man, and articles 8 (the right to a fair trial) and 25 (the right to judicial protection) in relation to articles 1 (the obligation to respect rights) and 2 (domestic legal effects) of the American Convention on Human Rights, and of articles 1 (the obligation to prevent and punish torture), 6 (effective measures to prevent and punish torture and cruel and inhuman treatment), 8 (guarantees of access to justice), and 9 (guarantees of compensation for victims of torture) of the Inter-American Convention against Torture, to the detriment of Márcio Lapoente da Silveira, a cadet from the First Company of the Training Course at the Brazilian Army’s Agulhas Negras Military Academy, who died as a consequence of allegedly having been subjected to excessive physical abuse by military officers during military training activities.
On October 16, 2008, the IACHR issued Admissibility Report No. 27/08, in which it ruled on the admissibility of the petition and its competence to hear the claim presented by the petitioners regarding the alleged violation of the rights contained in articles I and XVIII of the American Declaration, articles 8 and 25 of the American Convention, and articles 1, 6, 8, and 9 of the Inter-American Convention against Torture.
The parties signed a friendly settlement agreement in December 2011 and January 2012. On May 5, 2020, the petitioner requested that the IACHR adopt and publish the friendly settlement agreement that had been reached in this case, as part of the implementation of Resolution 3/20 on targeted actions to address procedural backlog, while reiterating its position on the lack of compliance with the measure of justice established in clause 14, in view of the victim’s mother’s advanced age and her request to this end. This information was sent to the State for it to acknowledge.
In the friendly settlement agreement, the State committed to the following:
1. Hold a public ceremony acknowledging its responsibility at the Agulhas Negras Military Academy and to broadcast this event.
2. Publish a quarter-page announcement on the agreement in a widely circulated national daily and on the websites of the Attorney General’s Office and the Ministry of Defense.
3. Put up a plaque at the Agulhas Negras Military Academy to honor the cadets who died in the course of training activities and in homage to Márcio Lapoente da Silveira.
4. The parties agreed that economic compensation would be established as part of lawsuit no. 93.0013784-0, which is currently being processed by the 16th Federal Court of Rio de Janeiro;
5. Implement research activities and initiatives to improve legislation and the performance of the civil and military justice systems;
6. Expand human rights education within the military training curriculum, in accordance with the National Defense Strategy that was approved on December 18, 2008, through Decree No. 6.703;
7. Request that the Council for the Defense of Human Rights (CDDPH) analyze the 23 cases of human rights violations that have allegedly occurred within the Armed Forces, according to the study prepared by the Grupo Tortura Nunca Mais (GTNM/RI);
8. Conduct a study on the possibility of signing a cooperation agreement with the Inter-American Institute of Human Rights, the objective of which is to ensure that training programs for cadets and officers of the Brazilian Armed Forces comply with international human rights protection standards.
As part of the friendly settlement procedure, the IACHR verified that the Brazilian State carried out a public ceremony to acknowledge its responsibility and reiterate its condolences to the relatives of Cadet Márcio Lapoente da Silveira. The ceremony took place on October 8, 2012, at the Basic Training Course Park Pavilion at the Agulhas Negras Military Academy in Resende municipality in the state of Rio de Janeiro. The ceremony was attended by the victim’s parents, senior members of the Brazilian Army, and members of civil society organizations. The IACHR also verified that on October 4, 2012, the Secretariat of Human Rights of the Office of the President of Brazil announced the date, place, and reason for this public ceremony on its website and provided a link to the text of the friendly settlement agreement.
The IACHR also verified that the Brazilian State published the friendly settlement agreement in its Official Gazette. It further verified that on October 24, 2012, the State published a summary of this agreement that was agreed on with the petitioner in a quarter-page announcement in O Globo, a widely circulated national daily. With regard to the plaque to honor Márcio Lapoente da Silveira military training program, the IACHR verified that this was unveiled during the ceremony to acknowledge international responsibility on October 8, 2012.
The IACHR observed that according to the information provided by the parties, when they signed the agreement they decided that the matter of economic compensation would be decided on by the local jurisdiction. Eight years later, the jurisdiction in question has still not granted fair compensation, as a result of which the IACHR deemed it necessary to continue monitoring this aspect of the agreement until the economic compensation established in the friendly settlement process is decided upon, as part of its role as guarantor of human rights during friendly settlement processes.
On the matter of the commitment to improve legislation and the performance of the civil and military justice systems concerning human rights matters, the IACHR verified that the Brazilian State had carried out the relevant consultations and had received six recommendations from the Military Public Prosecutor’s Office regarding ways to implement military training and prevent high-risk situations. The IACHR also verified that 17 legislative bills are being debated in Congress on matters relating to human rights and humanitarian law within both the armed forces and the civil justice system, including some that reform the military justice system. It also verified that Brazilian Army Bulletin No. 6/2016 approved the inclusion of international humanitarian law as a guideline for the actions of the Brazilian Army.
With regard to the commitment to expand the contents of the curricula for military training courses, the IACHR verified that in 2012 the State created the Professional Ethics Program with a Human Rights Focus, which was initially implemented among a specific group of military personnel and subsequently expanded to include all military training schools. It also observed that between 2012 and 2018, the State provided this training to a total of 350,513 military personnel from different areas of the Brazilian Army. On this point, the IACHR reviewed the issues covered by the various courses provided by the State on human rights and international human rights law and assessed photographic records of human rights training for the Armed Forces.
On the matter of the State’s commitment to request that the Council for the Defense of Human Rights analyze 23 cases of alleged human rights violations that took place within the Armed Forces, the IACHR reminded the State of a standard that is reiterated within the jurisprudence of the Inter-American system, according to which the military criminal court is not the only jurisdiction that is competent to investigate perpetrators of human rights violations and, where appropriate, prosecute and punish these. As a consequence, the IACHR deemed that this aspect of the agreement had only been partially fulfilled and urged the State to continue the domestic investigations being carried out by the Lapoente Working Group and to keep it informed of these activities.
With regard to the commitment to evaluate the possibility of signing a cooperation agreement with the Inter-American Institute of Human Rights to provide training for members of the Armed Forces to ensure that they comply with international human rights standards, the IACHR verified that although it was not possible to sign such an agreement, the Armed Forces have nonetheless sent military personnel from different areas to participate in training programs at various well-known institutions.
In its analysis, the IACHR declared that six of the measures contained in the friendly settlement agreement had been fully complied with, namely the public ceremony acknowledging responsibility, the publication of the friendly settlement agreement, the unveiling of the plaque honoring the cadets who died, the improvements to legislation and both the civil and military justice systems, the expansion of human rights education within military training programs, and cooperation around training courses on human rights protection mechanisms within the Armed Forces. As a consequence, the IACHR will continue to monitor compliance with measures relating to the payment of economic compensation and the creation of a working group to investigate human rights violations within the Armed Forces.
Finally, the IACHR urged the State of Brazil to develop public policy on friendly settlements and alternative forms of dispute resolution. It also invited the State to continue to use the friendly settlement mechanism in cases concerning the country that are currently being processed through the petition and case system.
The Friendly Settlement Report No. 111/20 on Case 12.674 is available here (link in Spanish).
A principal, autonomous body of the Organization of American States (OAS), the IACHR derives its mandate from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has a mandate to promote respect for and to defend human rights in the region and acts as a consultative body to the OAS in this area. The Commission is composed of seven independent members who are elected in an individual capacity by the OAS General Assembly and who do not represent their countries of origin or residence.
No. 147/20