Brazil: The circumstances surrounding the death of Judge Leopoldino Marques do Amaral; the investigation in which the Judge was involved at the time of his death; ensuing investigation, arrests and convictions
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 23 August 2002 |
| Citation / Document Symbol | BRA39134.E |
| Reference | 2 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Brazil: The circumstances surrounding the death of Judge Leopoldino Marques do Amaral; the investigation in which the Judge was involved at the time of his death; ensuing investigation, arrests and convictions, 23 August 2002, BRA39134.E, available at: https://www.refworld.org/docid/3f7d4d6134.html [accessed 28 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
Several reports refer to the death of Judge Leopoldino Marques do Amaral in September 1999 (IPS 21 Sept. 1999; LAWR 28 Sept. 1999; Financial Times 7 Oct. 1999; The Economist 18 Sept. 1999). The International Commission of Jurists in its report, Attacks on Justice 2000, states that Marques worked in the state of Mato Grosso and had evidence of corrupt practices in the state's judiciary (2001). This report states that "arguably," this was the "reason for his murder" (ibid.).
The Economist writes that Marques had "exposed corruption among some of his colleagues" and had:
...disappeared earlier this month [September 1999], six weeks after taking his allegations to the Brazilian Senate, and was found dead in neighbouring Paraguay soon afterwards. He had been shot in the back of the head and his face had been burned off (18 Sept. 1999).
According to Latin America Weekly Report (LAWR), Marques was murdered on 3 September 1999, and, according to IPS, found dead on 7 September 1999 (21 Sept. 1999).
Marques is reported to have alleged that several judges-two references state 16 of 20 (IPS 21 Sept. 1999; Financial Times 7 Oct. 1999)-in Mato Grosso had taken bribes from drug traffickers in exchange for reduced sentences (ibid.; IPS 21 Sept. 1999; BrazzilOct. 1999), had been involved in prostitution (Financial Times 7 Oct. 1999), drug trafficking (ibid.; ICJ 2001; Brazzil Oct. 1999), nepotism (IPS 21 Sept. 1999) and irregular retirements (Transparency International 2001). LAWR reported that, "in particular," Marques had evidence pertaining to a 1996 case in which a condemned drug trafficker, Valdenor Alves Marchezan, paid off two judges and was freed; the judges "even returned to him the plane he had been using to fly the cocaine into Brazil" (28 Sept. 1999).
According to the ICJ, Marques had "partially presented" his allegations before the Senate Investigating Committee prior to his death (2001), and IPS, citing colleagues of Marques, reported that he had received documents proving his allegations on the day prior to his disappearance (21 Sept. 1999).
As of 21 September 1999, police had reportedly detained several suspects in connection with the Marques' murder and placed one "key witness" under protection, a "legal clerk who was the last person to have contact with the victim" (ibid.). According to LAWR, an investigation was undertaken into the murder of the judge (28 Sept. 1999).
On 14 April 2000, Folha de Sao Paulo, a Portuguese-language online newspaper, reported that the Federal Police in Cuiaba, Mato Grosso, arrested Josino Guimaraes, an entrepreneur who was reportedly one of those accused by Marques. The article also reported that Beatriz Arias, referred to as a writer or scribe (escrevente), had been arrested at an earlier date for her involvement in the murder (ibid.). Information on whether either of these individuals were eventually convicted of the judge's murder or on any other convictions could not be found among the sources consulted by the Research Directorate.
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.
References
Brazzil [Los Angeles]. October 1999. "It's War: Brazil Goes After its Mafia." The Economist [London]. 18 September 1999. "The Americas: The Price of Justice."
Financial Times [London]. 7 October 1999. Geoff Dyer. "Brazil Falls Under Shadow of Drug-Trade Neighbours." (NEXIS)
Folha de Sao Paulo [Sao Paulo]. 14 April 2000. "Polícia Federal prende acusado de matar juiz de Mato Grosso." International Commission of Jurists [London]. 2001. Attacks on Justice 2000: Brazil. Inter Press Service (IPS). 21 September 1999. Mario Osava. "Drugs-Brazil: Trafficking Spreads to Gov't Institutions." (NEXIS)
Latin America Weekly Report (LAWR). 28 September 1999. "Congress Ousts Drug Baron: Case Reveals Trade's Power in Border States." (NEXIS)
Transparency International. 2001. National Integrity Systems: Country Study Report: Brazil 2001. Additional Sources Consulted
IRB Databases
World News Connection (WNC)
Internet sites including:
Amnesty International
Brasil News
Country Reports 1999, 2000, 2001
Derechos-Human Rights
Human Rights Watch
Latin American Network Information Centre (LANIC)
Resource Centre on the Americas
US Department of State, International Narcotics Control Strategy Report 2001, 2000, 1999
