The Rule of Law and Brazil's Urban Warzones

by Una M. · 2009-12-08 23:45:00 UTC
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The conflict between gangs and other gangs, and gangs and police in Brazil's cities is deadlier than the war in Afghanistan and claims tens of thousands of lives every year.  According to a disturbing report just released by Human Rights Watch (HRW), many of the 11,000 killings by police in São Paulo and Rio de Janeiro since 2003 were extrajudicial executions covered up to look like acts of self-defense.

Brazil's urban gangs are among the most feared non-ideological militant groups in the world, and are infamous for their cruelty and lethality. But brutal, illegal tactics used by the Brazilian police are only increasing violence and lawlessness in Brazil's urban slums, according to HRW.

"Police officers are permitted to use lethal force as a last resort to protect themselves or others," José Miguel Vivanco, HRW's Americas director argues. "But the notion that these police killings are committed in self-defense, or justified by high crime rates, does not hold up under scrutiny."

HRW's report "Lethal Force: Police Violence and Public Security in Rio de Janeiro and São Paulo" recommends the creation of specialized units within the state prosecutor's offices in both jurisdictions to investigate killings classified as defensive. The report also details measures authorities should take to maximize the effectiveness of these special units, including:

  • Requiring police officers to notify prosecutors of "resistance" killings immediately after they take place.
  • Establishing and strictly enforcing a crime scene protocol that deters police officers from engaging in false "rescues" and other cover-up techniques.
  • Investigating potential police cover-up techniques, including false "rescues," and prosecuting officers who engage in them.

HRW's recommendations should be taken seriously as Brazil looks for new ways to address the persistence of  literal urban warfare on its streets.

Progressives in the United States and Europe argued during the Bush years that liberal democracies fight their battles with one hand tied --by adherence to the rule of law-- or cease to be liberal. This argument was made in the context of the 'War of Terror' and the revelations of human rights abuses at Abu Ghraib prison, the Bagram detention center in Afghanistan, and Guantanamo Bay. It must be applied also to Brazil's democratic government in its fight against gangs.

[Photo:http://www.flickr.com/photos/alevieira/ / CC BY 2.0]

Una M.
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