The case of Brazilian rapist pedophile at the UK Deportations Center on Deportations

by Marcelo Moreira

Brazilian convicted of children’s rape is at the center of the UK Deportations controversy Getty Images via BBC the decisions that have held in the United Kingdom two Brazilians convicted of serious crimes in the country of origin – including homicide and rape of vulnerable – rekindled the political debate on immigration and public safety among the British. The two managed to make British justice denied the extradition requests made by Brazil using the risk of abuse in the Brazilian prison system. Critics accuse the government of allowing foreigners convicted of violent crimes to remain in the country, while ministers press for changes in the interpretation of the European Human Rights Convention (CEDH). Among them, Maurício (fictitious name) sentenced to 14 years in prison for rape of a five -year -old child drew attention because he continued to commit crimes in the United Kingdom, being convicted in April children’s abuse. The British decision was based on the argument that the accused could abuse in the Brazilian prison system, in violation of Article 3 of the European Convention on Human Rights (CEDH), which prohibits inhuman or degrading torture and treatment. Another case involves Sérgio* (fictitious name), accused of murder in Brazil, which managed to avoid extradition alleging risk in the Brazilian prison system because it is homosexual, although currently lived in the United Kingdom with wife and son. Condemnation for children’s rape and new crimes in London Maurício was sentenced to 14 years in prison for rape of a five -year -old child. By Brazilian law, crimes against vulnerable – especially involving sexual violence of children – are treated with severity: in addition to the deprivation of liberty, the convict has additional restrictions, such as impossibility of rapid progression of regime, prolonged judicial supervision and inclusion in national sex criminal lists. He is also on Interpol’s red list, and Brazil has even sent a formal extradition request. Maurício was arrested in British territory, but had the release determined after the court denying the sending back to Brazil. Mauricio’s defense was sought by BBC News Brazil, but did not respond until the moment of publication of the report. Despite the severity of the crime, British justice denied extradition, based on arguments that the Brazilian penitentiary system would not guarantee minimal conditions of dignity, such as a private cell of at least three square meters. Mauricio’s defense also questioned whether he would have adequate access to basic care and protection against violence within the prison. After staying in the United Kingdom, Mauricio committed new crimes in London, being sentenced in April this year for the possession and distribution of more than a thousand images of child abuse, according to a US television station investigation. These events increase the debate on how the United Kingdom balances the fulfillment of human rights treaties with public safety, especially when involving international criminals convicted of serious crimes. In the United Kingdom, the legislation on child sexual abuse is equally rigorous, but provides for different penalties and arrest regimes. Foreign criminals can be extradited if there are guarantees on human rights and appropriate conditions, but cases such as Mauritius show that British justice can interpret these rules to block extradition even when there is formal conviction in another country. According to the broadcaster, the images included more serious category material in British legislation. Homicide and risk allegations in Brazilian prison Another case highlighted by British report is that of Sérgio (fictitious name), accused of ordering the death of a gang rival in 2019. Sérgio was included in the Interpol list and was arrested in London, but convinced the British justice that he would be at risk if sent to Brazil. Among the arguments presented was the allegation that it would be gay and would suffer persecution in the Brazilian prison system, although he is currently living in the United Kingdom with wife and son. The Brazilian government confirmed in a British broadcaster report that has sought to offer diplomatic guarantees on the conditions of incarceration in extradition requests. In a statement, the Ministry of Justice said it is committed to improving the situation of the penitentiary system and ensuring respect for international human rights treaties. Similar cases have occurred earlier: BBC News Brasil reported that the United Kingdom has denied four extradition requests since 2017 alleging risks in Brazilian prisons, while in other requests the Brazilian judiciary gave up taking the case below. Experts point out that British stance differs from other European countries that meet Brazil’s requests, even though they are signatory to the same convention. Political reaction in the United Kingdom The revelations rekindled the political debate on immigration and public safety in the United Kingdom. Government critics accuse labor labor in migratory control and to allow foreigners convicted of violent crimes to remain in the country. Interior Minister Kemi Badenoch has stated that the UK “is being fooled” and “cannot refuge for rapists and killers just because prisons in their countries are not adequate.” For Badenoch, the case proves that the European Convention on Human Rights (CEDH) “no longer serves the purpose for which it was created,” and she has again defended the possibility that the United Kingdom abandon the treaty. The government has announced that it will review how Article 3 of the CEDH – which prohibits inhuman or degrading torture and treatment – has been applied to requests for extradition. According to the British Interior Ministry, the goal is to verify that foreign fugitives would be taking advantage of legal breaches or even presenting false information to stay in the country. Opposition parliamentarians also manifested themselves. Labor deputy Jake Richards said there is consensus between different parties about the need to reform CEDH, although it disagrees with the idea of ​​abandoning it. “Many European countries are reviewing the way the convention operates. This is not a left or right debate, but adapting to a world of mass migration and new threats to security,” he said. Prime Minister Keir Strmer was asked about the subject in an interview with BBC radio. He replied that the government has already started a review of the application of Article 3 and signaled support for changes in the interpretation of the norm: “We need to reassess how some of these provisions have been used. This is what we have already begun to do in our internal legislation.” The British Interior Ministry had already announced a review of the application of human rights laws in cases of extradition, and the discussion occurs amid political pressures to harde the legislation or reinterpret international treaties. The embassy was sought by the report, but did not respond until the moment of publication. Rape cases rise 60% in 10 years in São Paulo

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