The 1st Military Audit of the Military Court of Justice of São Paulo (TJMSP) decided to acquit the military police officers who were filmed tying up a black man by the feet and hands during an approach in Vila Mariana, south of São Paulo, in June of last year.
The Public Prosecutor’s Office of São Paulo (MPSP) accused the six agents involved in the incident of the crime of torture.
Robson Rodrigo Francisco, 32, had stolen two boxes of chocolates from a market near where he was stopped. The police officers reported to the Civil Police that he resisted arrest and did not comply with their orders. video recorded the PMs carrying the tied man with a rope.
At the time, the Military Police removed the officers and opened an investigation to investigate the case.
In this month’s decision, Judge Ronaldo João Roth stated that the police officers acted in “strict compliance with legal duty” and that the use of rope to restrain a suspect is not illegal. The judge argues that the police officers sought to preserve the physical integrity of Robson, who was agitated and resistant to arrest.
In a statement, the TJMSP stated that this is not a final decision on the case, as it is a decision of the 1st Military Audit, in the first instance. The decision may be modified if any of the parties, defendants or the Public Prosecutor’s Office, files an appeal. If there is an appeal, the case will be tried in the second instance by the Military Court of Justice.
CNN contacted the São Paulo Public Prosecutor’s Office to find out if there will be an appeal, but has not yet received a response.
Lawyer José Luiz de Oliveira Júnior, who is defending the victim, published a note of repudiation of the decision on social media. “They showed the entire country that we are living in a Apartheidsubtle and institutionalized. The Court of Justice needs to evolve and move beyond 1500″, he stated.
João Carlos Campanini, the police officers’ defense attorney, said the decision was fair. “There was no other way for the military police officers in this incident other than to restrain the individual so that he would not cause harm to himself or other people,” he said in a statement.
Remember the case
Late in the evening of June 4, 2023, two men and a teenager allegedly entered a supermarket and stole some products. The store manager reported the crime to police officers patrolling the area and indicated the direction in which the suspects had fled.
Shortly after, the police located Robson Francisco Rodrigo, 32, who was carrying two boxes of chocolates, valued at R$30. He was reportedly detained by the agents after saying that he had committed the theft.
The PMs reported to the Civil Police that he resisted arrest and did not comply with their orders, and for this reason, it was necessary to handcuff him.
Even handcuffed, the suspect threatened to run away and steal the police officers’ gun. According to the officers’ testimony, to restrain him, four police officers held the man down and tied his feet with rope.
Then, already tied up, the prisoner was taken for treatment at the UPA in Vila Mariana.
There, a visitor recorded images of the tied-up boy and questioned the procedure adopted by the police, who did not respond. The author of the video appeared at the police station to describe his perception of what happened.
At the police station, the person in charge of the market said that the prisoner was already known in the establishment for committing thefts and that he pressed the panic button when he noticed that he and two other boys were filling a basket with products.
According to the police report, in addition to the chocolates, other products were stolen, such as drinks and food, which together total R$503. The man and the teenager who accompanied him were also located, but the other products were not recovered.
Robson was arrested for stealing two boxes of chocolates. However, in July of last year, the 12th Criminal Law Chamber of São Paulo granted the man a habeas corpus.
This content was originally published in Police officers who tied up black man by his feet and hands during approach are acquitted on the CNN Brasil website.
Source: CNN Brasil
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