Amazon Ombudsman revises processes 790 IPAT of detaineesThe survey shows that 38% dos presos que estão no local respondem a processos por roubo e 30% for drug trafficking.
Public Defender of Amazonas (ECD-AM) revised, until Thursday, 2 of February, lawsuits 790 inmates of Penal Institute Antonio Trindade (Ipat), unit for pre-trial detainees in Manaus. The evaluated processes, the Ombudsman found the legal viability and made 66 prison relaxation applications, 30 prison revocation petitions, 17 habeas corpus and seven requests for provisional release. The work is the result of a joint effort 20 Public defenders of DPE-AM began in January this year, shortly after the riots and killings in the capital of prisons.
Along with process analysis, the Ombudsman made a survey of data shows that 38% of prisoners who are in IPAT respond to theft by processes and 30% for drug trafficking. In addition to these crimes, the Ombudsman found that among the main legal implications in IPAT are still the crime of murder (16%), theft (4,7%) and robbery (3,2%).
There were no petitions of the Public Defender in the analysis of processes 572 arrested, many of whom had private attorney or had already scheduled hearings or proceedings were in regular deadlines. According to the general public defender of the Amazon, Rafael Barbosa, this is the preliminary result of the work done by the group set up by the DPE-AM in January this year to, an emergency basis, accelerate the process analysis of internal state prison system.
In addition to this group, the Ombudsman formed another team of public defenders responsible for conducting inspections and monitoring of the situation in the prisons of Manaus and started, through Defenders Specialized Care Collective Interests and Human Rights, meet the families of prisoners killed in prisons in January.
"The process analysis work aims to act to reduce the pressure on the prison system, always watching what the law says and the possible use of alternatives to imprisonment in the case of crimes without violence or serious threat ", said Rafael Barbosa.
The coordinator of the group that makes the analysis of processes in the DPE-AM, public defender Eduardo Ituassu, He said that the work on prisoners IPAT should be completed by the end of this week. He pointed out that the analysis attempts to observe, about everything, the legal possibilities prison relaxation award, when they do not meet the requirements for maintenance or there is some inconsistency in the justification, and also in prison revocation, since it considered no longer useful to the criminal process.
Eduardo Ituassu said, among the cases examined, the presence is detected of 220 prisoners convicted by the courts who are trapped in the unit for the provisional, situation which will appear in the final report of the procedural review work, which should be forwarded to the Secretariat of Penitentiary Administration.
treated cases - One of the cases examined is Adriano Mendonça Torres, that is stuck in Ipat since October 2014, He was convicted in 2016, for theft, a sentence of five years and four months in prison in initial compliance regime semi-open. The Ombudsman found that Adriano was kept imprisoned without the process of execution of the sentence has been established, which is illegal, in addition to not be serving time in the given initial scheme and have not been deducted from the penalty the provisional jail time served by him.
Second or public defender Eduardo Ituassu, the Ombudsman made three requests to which Adriano already entitled: the establishment of criminal enforcement proceedings, and the correction of the prison regime, with the discount of time already served and their progression to the open regime. Besides that, required the request of prison certificates (labor, behavioral and prison) the prisoner for parole purposes, given that Adriano has already served more than one third of the sentence it imposed.
Or public defender Danilo Germano, which also operates in the review process, said the release of a prisoner who was in the IPAT since 3 December 2016, accounting for the crime of murder. In the process, it was found that the crime of which he was denounced occurred in 1995, so I was already prescribed and the accused no longer liable on conviction. The public defender noted that there was already, from o dia 6 January this year, a determination for freedom of the detainee whose release permit had not been issued. No last Saturday, 4 of February, Danilo Germano petitioned the issuance of license, which was granted in the judicial duty. "I went to the IPAT to present the license and he was released and is already in Manacapuru, where he lives with his family ", said the public defender.