Date: 11 March 2004
Jailton Neri da Fonseca, a 13 year old Brazilian national, was killed by police authorities during a drug trafficking raid in a favela of Rio de Janeiro. The Commission held that the case was admissible—making note that the use of military jurisdiction to investigate civilian matters was not an acceptable form of recourse and petitioners are not necessarily required to fully exhaust these remedies in order for the Commission to grant admissibility. The Commission held the State to be responsible for the arbitrary and illegal detention of the minor, violating the right to liberty. Given the young age of the victim, his illegal detention constituted a violation of his right to humane treatment. The Commission made a point to highlight the gravity of the circumstances of the case involving the murder of a minor at the hands of State agents and found Brazil in violation of his right to life. Jailton’s rights to special protection as child were also found to be violated by the State. Lastly, the Commission held the State responsible for violating the right to a fair trial and effective judicial protection by failing to conduct an effective investigation. The Commission ordered the State to provide reparations to the family who themselves suffered violations due to the lack of the effective investigation.
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