Brazil: The Candelaria trial: a small wedge in the fortress of impunity

In July 1993 a gang of hooded men opened fire on a group of over 50 street children who were sleeping rough near the Candelária Church in Rio de Janeiro city. Seven children and one young adult were killed. The murder of street children in one of Rio de Janeiro's most prominent landmarks caused a national and international outcry. As a result, the authorities moved swiftly to investigate the killings and three military police officers and one civilian were charged with the murders. Subsequent investigations have implicated five other military policemen in the Candelária massacre, two of whom were indicted in June 1996. Investigations have focused on eyewitness identifications by survivors of the massacre. In April 1996, in the first trial in the case, Marcos Vinícius Borges Emanuel, a 29 year-old military policeman, was sentenced to a total of 309 years imprisonment for his part in the massacre. This sentence was subsequently reduced to a total of 89 years imprisonment at a retrial on 26 June 1996. No trial dates have yet been set for the other men who have been charged. Amnesty International regards the conviction of Marcos Vinícius Borges Emanuel, one of the military policemen involved in the massacre, as a small step towards combatting Brazil's almost universal impunity for human rights violations. Despite this conviction, the organization remains concerned by the failure of the authorities to effectively investigate other extrajudicial executions and bring those responsible to justice. The organization also remains concerned that the authorities have failed to make adequate provision for the protection of witnesses to such killings, including witnesses to the Candelária massacre. Only one witness to the massacre has received the full protection of the federal authorities, following a second attempt on his life in December 1994. The majority of the witnesses have returned to the streets where they are at risk of intimidation, and are too afraid of repercussions to testify in court.