LEADER OF THE 1992 CARANDIRU PRISON MASSACRE ACQUITTED OF

UNCLAS SECTION 01 OF 02 SAO PAULO 000215

SIPDIS

NSC FOR CRONIN
DEPT ALSO FOR WHA/PD AND DRL/PHD

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PHUM PGOV SOCI BR
SUBJECT: LEADER OF THE 1992 CARANDIRU PRISON MASSACRE ACQUITTED OF
CRIME


1. (SBU) Summary: On February 15, Police Colonel Ubiratan
Guimaraes was absolved of responsibility for the infamous 1992
Carandiru prison massacre by a Special Session of the Sao Paulo
State Court of Justice. The Court overturned a 2001 grand jury
sentence of 632 years in prison for Guimaraes. The massacre, which
left 111 prisoners dead, received extensive international attention.
The human rights community in Brazil expressed outrage at the
decision. End Summary.

BACKGROUND
--------------


2. (U) The Carandiru massacre is considered one of the most
significant human rights violations in modern Brazilian history. In
October 1992, prisoners at the Carandiru facility in Sao Paulo, the
largest penitentiary in Latin America at the time, staged a
rebellion. State military police (uniformed state police),led by
Colonel Ubiratan Guimaraes, quelled the riot, leaving over 100 dead.
Ballistic examinations indicated that the prisoners were shot at
close range, in some cases by machine gun fire to the head and
thorax. Ballistic tests indicated that only 26 of the dead were
found outside their cells. Survivors of the massacre stated that
police killed prisoners even after surrender or while they were
attempting to hide in their cells. Investigations also indicated
that immediately after the massacre, military policemen altered the
crime scene, destroying valuable evidence that could have led to
their conviction. Guimaraes claimed that he had followed orders,
and that his men had acted in self-defense. At the time, the event
received extensive attention from the international community, which
expressed outrage at the human rights violation. In 2001, Guimaraes
was sentenced to 632 years in prison after the 2nd "Jury Court" in
Sao Paulo ruled that he had overstepped his authority. No other
government official, prison authority or police officer has been
held accountable. The prison was demolished in 2002. In 2003, the
incident was featured in the film, "Carandiru."

ANNULMENT
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3. (U) More than four years after receiving his conviction and
sentence, Colonel Guimaraes was absolved of responsibility for the
over 100 deaths. On Feburary 15, the justices of the Sao Paulo
State Court of Justice voted 20-2 to annul the conviction and
sentence and stated that Guimaraes had acted within his duty. The
justices overturned the 2001 verdict based on a belief that that
decision, interpreted at the time by Judge Maria Cristina Cotrofe
Biasi, did not represent the intent of the 2001 jury. (NOTE: In
Brazil, the judge is a member of the jury and its president. The
other jury members, who have no legal training, are asked a number
of questions formulated by the judge, and, based on the jury's
responses, the judge condemns or exonerates the defendant. The
judge, therefore, interprets the "will" of the jury. In this case,
Guimaraes' lawyer, Vicente Cascione, alleged that the responses of
the jury were contradictory because it claimed that Guimaraes acted
intentionally in some cases and unintentionally in others. Under
the Brazilian legal code, "unintentional" murder may not be judged
by a jury. The 2006 trial reinterpreted the jury's responses and
acquitted Guimaraes on the basis of the new interpretation. END
NOTE) Guimaraes, now a Sao Paulo state legislator, has not served
prison time for the massacre. An additional 84 military policemen
involved in the 1992 massacre are still awaiting trial in the case.

OUTRAGE AT IMPUNITY
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4. (SBU) A number of Brazilian human rights organizations and
community leaders expressed outrage at the February 15 high court
finding. The NGO Christian Association for the Abolition of Torture
and former Human Rights Secretary Nilmario Miranda stated that the
decision was a "shame" on Brazil. Sandra Carvalho, of the NGO
Global Justice, stated that the decision will give license to
summary executions by police. Likewise, Ariel de Castro Alves, of
the National Human Rights Movement, reportedly fears that the
decision will give "license to immunity" and will set a dangerous
precedent. Brazilian NGOs protested in front of the High Court in
Sao Paulo on February 20 and will submit a complaint regarding the
annulment of the 2001 decision to the Inter-American Commission on
Human Rights (IACHR). Federal Deputy Mario Heringer (PDT-MG),a

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member of the Chamber of Deputies' Commission on Human Rights,
believes that the high court's decision was "unacceptable" and will
reportedly request that the case be passed to the federal
authorities for review. Judge Biasi, the original trial judge, is
reported to have expressed outrage at the decision: "The decision of
the high justices is ...a shame. Shame on the High Court. I am
perplexed." Interviewed jury members from the 2001 trial reportedly
stated that the sentence rendered by Judge Biasi reflected their
will.


5. (U) This cable was coordinated with Embassy Brasilia.

MCMULLEN