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Jurist Brazil court sentences three officers for asphyxiation death of Black man in tear gas-filled trunk

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Dadparvar

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Nov 11, 2016
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The Public Ministry of Sergipe announced Saturday that three former police officers have been sentenced to long prison terms for the death of Genivaldo de Jesus Santos, a black man with schizophrenia, in 2022. Judge Rafael Soares of the 7th Federal Court in the Brazilian state of Sergipe sentenced them to between 23 and 28 years in prison.

The officers, who were members of the Federal Highway Police (PRF), received individual sentences based on their roles in the crime. Paulo Rodolpho Nascimento was sentenced to 28 years for aggravated homicide by asphyxiation, committed with a futile motive and without the possibility of the victim’s defense. Meanwhile, William Barros Noia and Kleber Nascimento Freitas were each sentenced to 23 years, one month, and nine days for torture resulting in unintentional death. The verdicts came after a 12-day trial during which a seven-member jury heard testimony from 28 witnesses, including forensic experts and family members of the victim. Defense attorneys have said they will appeal the verdicts.

The events unfolded on May 25, 2022, when Santos was stopped for riding a motorcycle without a helmet in Umbaúba, Sergipe. According to Federal Police investigations, Santos was confined in the vehicle’s trunk for 11 minutes and 27 seconds while exposed to tear gas and pepper spray in an enclosed space, leading to mechanical asphyxiation and respiratory tract inflammation. The Medical Legal Institute’s report indicated Santos was prescribed quetiapine treatment for schizophrenia at the time of his death, contradicting officers’ claims that he was experiencing a psychotic episode.

The killing sparked widespread protests across Brazil after witnesses recorded and shared videos of the incident. In Umbaúba, residents staged demonstrations before Santos’ funeral, setting tires on fire on the road where he was killed and demanding justice. The incident drew international attention and condemnation from human rights activists, who compared it to the murder of George Floyd in the United States.

In September 2023, the 7th Federal Court of Sergipe ordered the government to pay Santos’ son 1 million reais in moral damages and his mother 405,000 reais as compensation.

The case has highlighted ongoing concerns about police violence in Brazil. According to the Brazilian Forum on Public Security, 6,429 people died during police interventions in Brazil in 2022, averaging 17 deaths per day. Human rights organizations have noted that such incidents disproportionately affect young Black men in marginalized communities.

The post Brazil court sentences three officers for asphyxiation death of Black man in tear gas-filled trunk appeared first on JURIST - News.

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