IACHR grants precautionary measures to the family of Layrton Fernandes da Cruz in Brazil

November 18, 2024

Related links

Resolution 83/2024

Contact info

IACHR Press Office

[email protected]

Distribution List

Subscribe to our distribution list

Washington, D.C.—On November 12, 2024, the Inter-American Commission on Human Rights (IACHR) issued Resolution 83/2024 granting precautionary measures to family members of Layrton Fernandes da Cruz in Brazil, whose rights it found to be at serious and urgent risk of suffering irreparable harm.

According to the request for precautionary measures, between August 2023 and September 2024, the beneficiaries' homes were repeatedly raided by the police. These raids reportedly intensified following the death of Layrton Fernandes da Cruz on August 1, 2023, during a police operation in Baixada Santista.

The raids involved state security agents armed with rifles, allegedly as part of efforts to combat drug trafficking in the region. Security cameras recorded at least 14 incidents of police entering the homes in question at different times of the day, often during the middle of the night, and sometimes in the presence of children. These actions have reportedly had an intimidating effect on the family, who report feeling afraid and experiencing significant impacts on their mental health.

The State informed the IACHR that domestic judicial precautionary measures were implemented to protect the beneficiaries. However, these measures were later revoked when the investigation into Layrton Fernandes da Cruz's death was archived. The State reported that the case was referred to the Military Police Internal Affairs Unit on July 4, 2024, before being placed under the remit of the Military Justice System and the Public Prosecutor's Office overseeing police activities on July 28, 2024.

After analyzing the facts and legal arguments, the IACHR expressed concern over the way in which the police raids were carried out. It also noted the absence of evidence indicating that the beneficiaries are under investigation, subject to criminal proceedings, or have been issued judicial orders permitting the searches of their homes.

In response to the information received from both parties and given the persistence of the reported risks, the lack of investigations into the alleged incidents, and the absence of effective protection measures, the IACHR requested that Brazil take the following measures, under Article 25 of its Rules of Procedure:

  1. take the necessary measures to protect the beneficiaries' rights to life and personal integrity, in accordance with the relevant international standards and obligations;
  2. consult with the beneficiaries to determine and implement appropriate protective measures; and
  3. report on actions taken to investigate the allegations that led to these precautionary measures, to prevent similar occurrences in the future.

The granting of these precautionary measures and their implementation by the State does not constitute a decision on any petitions that may be filed with the inter-American system concerning violations of rights protected by the the American Convention on Human Rights and other applicable instruments.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 287/24

9:30 AM