Those responsible for the clinic where a patient died after being tortured may be held liable for the crime of torture followed by death or even manslaughter. According to Carlos Kauffmann, criminal lawyer, professor of Criminal Procedure at PUC/SP and member of the OAB/SP, “the simple fact that they were not at the clinic at the time of the incident does not eliminate the owners’ criminal liability. And when someone assumes a duty of care, as is the case when managing a clinic, the omission is relevant to criminal law.”
The lawyer still warns that it is necessary to determine whether those responsible could, in some way, including through hiring criteria, avoid the result.
The incident took place last Friday (5). Crime scenes were recorded on video by the suspect of the assault, Matheus de Camargo Pinto, who was an employee. In the images, which are circulating on social media, the patient identified as Jarmo Celestino de Santana, 55, appears with his hands tied behind his back and tied to a chair, while at least four young men laugh at the situation.
Cleber and his wife, Terezinha de Cassia de Souza Lopes da Conceição, also the owner of the clinic, are expected to be questioned by the Civil Police this Thursday (11). Employees of the Efatá Therapeutic Community will be investigated to determine whether they participated in or failed to act in the torture. The men who appear laughing in the video and the owners at the location will be questioned. The inmates were transferred to other clinics.
Understand the case
The patient of a rehabilitation clinic for drug addicts in Cotia, in Greater São Paulo, Jarmo Celestino De Santana, 55, died this Monday (8), after being tied to a chair and filmed by employees of the establishment .
In the video, a clinic monitor, Matheus De Camargo Pinto, 24, shows the victim shirtless and with his arms tied behind the back of the chair and says: “One more there, look, in the unit there, Efatá there, look, follow-up…” Four men laugh at the situation. The images were taken on Friday (5). See the video :
On Monday (8), the Municipal Civil Guard (GCM) was called to respond to an incident at the site due to bodily injury and sent Matheus and nurse Cleber Fabiano da Silva to the Cotia (SP) police station to clarify the case.
The man who appears in the images was taken to a health center in the city of Vargem Grande do Sul (SP) and died during the occurrence. In a note, the Public Security Secretariat (SSP) states that the victim did not survive the injuries .
At the police station, Matheus confessed to recording the video. The Civil Police also accessed the therapist’s cell phone and found an audio that he sent to the profile “Danny grandma criminal”, in which he admits to the assault: “I covered it with a stick, I covered it… I got here at the unit… I got really angry… I covered it with a stick. My hand is all swollen.” His and Cleber’s cell phones were seized. Listen to audio :
The case was registered as torture qualified by the death result according to the police report. Matheus was arrested in flagrante delicto. The report states that the employee used violence to subject the victim, who was under his care, to intense physical or mental suffering .
In an interview with CNN delegate Adair Marques stated that Matheus said that he “used force a few times to restrain the victim, that he was aggressive and had some outbursts”.
Clinic closed
This Tuesday (09), the City of Cotia had informed the CNN that the clinic was clandestine, operated without documentation and that other inmates were identified with signs of mistreatment. This Wednesday (10), the agency backtracked and stated that the establishment had obtained the operating license from all responsible agencies, but was closed and had its license canceled after the case.
“Upon closer analysis, it was found that one patient had low potassium and another had high blood pressure and needed care due to Alzheimer’s. Both were referred for medical care, which ruled out mistreatment,” the note states.
In an interview with CNN Cleber Fabiano Da Silva, owner of the clinic, said he was unaware of the attacks and will provide further clarification to the police. Terezinha Cordeiro De Azevedo, the defendant’s lawyer, condemns Matheus’ attacks, denies any connection between the establishment and mistreatment and defends the legality of the clinic.
*With information from Guilherme Gama and Catarina Nestlehner
Source: CNN Brasil
I’m James Harper, a highly experienced and accomplished news writer for World Stock Market. I have been writing in the Politics section of the website for over five years, providing readers with up-to-date and insightful information about current events in politics. My work is widely read and respected by many industry professionals as well as laymen.
