IACHR submits case on extrajudicial executions in Brazil to the Inter-American Court of Human Rights

May 16, 2025

Washington, DC—On May 10, 2025, the Inter-American Commission on Human Rights (IACHR) referred Case 13.754, Edivaldo Barbosa de Andrade and others, concerning Brazil, to the Inter-American Court of Human Rights (IA Court). The case concerns the extrajudicial execution of three individuals, injuries sustained by two others, and the State's failure to investigate these crimes and hold those responsible accountable.

The petition was received by the IACHR in May 2009 and relates to events that occurred in 2006 in São Paulo, where Edivaldo Barbosa de Andrade, Fabio de Lima Andrade, Israel de Souza, Fernando Elza, and Eduardo Barbosa de Andrade were shot at. Edivaldo Barbosa de Andrade, Fabio de Lima Andrade, and Israel de Souza were killed in the attack, while Fernando Elza and Eduardo Barbosa were injured. Fernando Elza was killed in a separate attack some months later.

In Merits Report No. 101/23, the IACHR found evidence suggesting the involvement of state agents in the 2006 events, including witness testimonies linking the vehicle used in the attack to the Military Police and noting that police officers arrived at the scene without being summoned. In the IACHR's opinion, these incidents are part of a broader pattern of indiscriminate use of lethal force by Brazil's Military Police.

The IACHR further concluded that the State failed to justify the use of force according to the principles of legitimate purpose, necessity, and proportionality, given that there was no confrontation, no use of less harmful alternatives, and the victims sustained multiple gunshot wounds. There were also shortfalls in the investigation: the crime scene was not preserved, and lines of inquiry involving the potential involvement of state agents were not pursued, such that those responsible have not yet faced justice.

Regarding the subsequent death of Fernando Elza, the IACHR found insufficient evidence to determine a violation of the right to life. Nevertheless, it concluded that there were similar shortfalls in the investigation into this incident and that no one has been held accountable. The IACHR also concluded that the deaths and injuries caused profound psychological and moral harm to the victims' families, compounded by the absence of truth and justice, constituting a further violation of their rights.

Based on these findings, the IACHR concluded that the State of Brazil is responsible for violations of the rights to life, personal integrity, judicial guarantees, and judicial protection, as established in articles 4.1, 5.1, 8.1, and 25.1 of the American Convention on Human Rights, in relation to article 1.1.

Consequently, the IACHR asked the IA Court to order the State to order the following measures of reparation:

1. Full reparation for both material and nonmaterial damages, including financial compensation and measures of satisfaction.
2. Provision of physical and mental health care for the victims' families, should they so choose.
3. A thorough investigation into the events of May and December 2006, ensuring justice is served in accordance with inter-American standards.
4. Implementation of measures in São Paulo to prevent the recurrence of such events, such as reforming police protocols, establishing effective accountability mechanisms, and strengthening investigative capacity related to the use of lethal force.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 103/25

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