By: Emily Green
Impunity Watch Reporter, South America

RIO DE JANEIRO, Brazil – The Brazilian Supreme court issued a groundbreaking human rights ruling that people accused of non-violent crimes are allowed to await trial under house arrest instead of in detention centers. This rule applies to women who are pregnant, who have children up to twelve years of age, and people with disabilities.

This decision came in the wake of public outcry about pretrial detention conditions. In December, Human Rights Watch reported that conditions were worsening and pre-trial detention was growing dramatically. Brazilian prisons lack adequate care for pregnant women and newborns. Prenatal and postpartum medical care are minimal or non-existent. Also, two thirds of female detention centers lack designated facilities for pregnant women and babies.

Before this decision, the Brazilian Criminal Code stated that judges “may” determine house arrest instead of preventative detention when a woman is pregnant or has a child of up to twelve-years-old. Now, justices have decided that this exception needs to become a rule. After the decision is published, courts will have to comply with the order within sixty days. Human Rights Watch estimates that up to 15,000 women could be released. However, it will not affect inmates who have been found guilty.

While Human Rights Watch celebrates the ruling, the organization says Brazil still has work to do on prison reform. Brazil must address “excessive pretrial detention for all, and ensure all pregnant women and mothers in detention are held in humane conditions, with adequate health care, in compliance with Brazilian law and international standards.”

The public outcry stemmed from stories like Jessica Monteiro’s. She was arrested for allegedly possessing ninety grams of marijuana. At twenty-four years old, she had no criminal record, was pregnant, and was throw into a filthy police precinct cell. She went into labor the next day and was taken to a hospital to give birth. The court held a hearing in her absence where a judge ruled that she should remain in jail pending her trial. A few days later, police returned her to the cell where she slept on a mattress on the floor with her newborn.

Several have raised criticism over the ruling. The President of the Federation of Penitentiary Servants, Allan Vieira, stated that “women could be used by criminal enterprises to commit crimes while on house arrest including carrying weapons and drugs into the jails.”

While this will not affect the male incarceration rate, officials hope this will relieve overcrowding in women’s prisons.

For more information, please see:

IR Insider – Brazil Supreme Court Issues Landmark Human Rights Ruling – 4 March 2018

The Nation – Deceit at a Brazilian ‘Crisis Pregnancy Center’ – 28 February 2018

The Jurist – Brazil top court rules pregnant woman will no longer serve pre-trial detention in jail – 23 February 2018

Human Rights Watch – Pregnant Women Will No Longer Await Trial in Brazilian Jails – 23 February 2018

Folha de S. Paulo – Pregnant Women and Mothers of Children of Up to 12 Years of Age to Be Placed on House Arrest – 21 February 2018

By: Emily Green
Impunity Watch Reporter, South America

CUCUTA, Colombia – The mass exodus of Venezuelans desperate to leave their country are overwhelming the continent. Venezuela has spurred one of the biggest migration crises in Latin American history.

The International Organization for migration reports that nearly one million Venezuelans have left their country over the past two years, with a surge during the second half of 2017 when the economy took a hit. One immigration expert, Tomas Paez, says that “our migration levels are now comparable to Syria or to Bangladesh.”

Colombia’s border cities are taking the worst of the crisis. Roughly 250,000 migrants have crossed the border into Colombia since August, with 3,000 still arriving every day. Approximately 3,000 troops are fanning out across the 1,400-mile border in an effort to contain the migration. The government had to suspend the issuance of temporary visas for Venezuelans last month. It has begun operations to capture and expel illegal immigrants. The regional director of a Catholic charity in Colombia, Willington Munoz Sierra, considers this a humanitarian crisis. He says, “In Venezuela, children are dying. People are starving and being persecuted. What they’re getting from us is a door in the face.”

Similarly, Brazil has declared a state of “social emergency” in response to the massive influx of migrants. In recent months, 40,000 Venezuelans have poured across Brazil’s northern border. The migration has stressed infrastructure and caused security concerns. Residents in border cities worry about crime and Venezuelans taking away jobs. Brazilian President Michel Temer assessed the crises and suggested that some migrants could be moved to other states. Still, he insisted that Brazil would not turn its back on the refugees and pledged $20 million to the cause. The military has doubled its troops in border areas and established a field hospital for migrants.

All Latin American nations are feeling the impact of the crisis to some extent. Peru has seen the largest percentage increase in Venezuelan population. From 2015 to 2017, it increased 1,388%. In response, Peru is offering temporary resident permits to Venezuelans which grants them the right to work. Likewise, Panama has been overwhelmed with Venezuelans. It has imposed new visa requirements making it more difficult for migrants to be granted asylum.

Jozef Merkx, representative for the U.N. high commissioner for refugees in Colombia, said the agency is concerned about the operations that expel migrants lacking valid visas. However, it is harder to classify its people as refugees in need of international protection because Venezuela is not at war. He says, “People fleeing Syria were generally seen as refugees, but that’s not the case with Venezuelans. Venezuela is not being bombed. It has some of the dimensions [of a refugee crisis], but not all Venezuelans are refugees.”

For more information, please see:

Chicago Tribune – Venezuelans are fleeing their crisis-torn country en masse – 3 March 2018  

Washington Post – The Crisis Next Door – 2 March 2018

Reuters – Special report: A journey on a caravan of misery – 2 March 2018

DW – Brazil to declare ’emergency’ in response to Venezuela migrant influx – 16 February 2018