He saw his friend killed and was arrested: as a witness

Social movements, family and friends are mobilizing against the arrest of pharmacy assistant André Arcanjo, a 41-year-old black man detained as suspected of having cooperated with the robbery he witnessed in Areias, a neighborhood in the West Zone of Recife. The crime took place on July 11th; André, who at first collaborated with the police investigations as a witness, was now considered a suspect and had a temporary detention decreed on October 6th.

Last Wednesday (20), police chief Vitor Meira, from the 4th Homicide Police Precinct (DPH), responsible for the proceedings, concluded the investigation and indicted him, issuing the request for conversion to preventive detention. The defense and the entities that are asking for his freedom point out that there is a lack of evidence to incriminate him, and consider that André’s skin color contributed to the decision in his disfavor.

::Violence, violations and inequality increased under Bolsonaro, says international group::

On the day the crime occurred, a Sunday, André, who also lives in Areias, was invited to visit the house of a neighbor, known as Valdo, 71, says lawyer Wanderson Albuquerque, one of those representing the pharmacy assistant . Upon arriving at the site, he found another colleague at the front door, the bricklayer Fernando, who was carrying out works on the back of the property.

“Fernando has the key and, when he opens the door, he goes in first, André comes in next and, 2 or 3 seconds later, two robbers come in behind. They were on site, parked and waiting for an opportunity,” he says.

According to Albuquerque, the robbers entered the home, where, in addition to Valdo, a third witness, identified as Rodrigo, was having lunch with him. “They started asking for money, and, at a given moment, Seu Valdo would have tried to react. They managed to get around the situation, took Valdo to another room, and a few minutes later the shots took place. The robbers fled in a hurry”, says the lawyer. The speculation is that the victim would keep sums of money at home.

Fernando was the first to leave the house to ask for help, followed by André, who also performed first aid to try to save his friend. Seu Valdo, however, did not resist and died on the spot. André went without lawyers to the police station, where he narrated everything that had happened and handed over his phone.

“The cell phone was seized and made available to the court because there is a record of the invitation for him to appear at the residence. This, in itself, would already be able to demonstrate that there is no involvement in the crime. According to the video from the cameras, the robbers’ car had been parked for more than 30 minutes, waiting for an opportunity”, says Albuquerque.

But for the Civil Police of Pernambuco (PCPE), André would have facilitated their entry into the house. “In the investigative line, the fact that André took 2 or 3 seconds to close the door collaborated with the action of the robbers. That’s the only thing that binds you. In the defense’s opinion, this delay does not justify the authorship and now its indictment”, comments the lawyer.

On the 6th, the temporary arrest was made not only of André, but also of Rodrigo and a third man suspected of being one of the assailants. Albuquerque explains that temporary detention is a resource to facilitate the investigation, which would be valid for 30 days, the deadline for completing the investigation.

“On the 20th, the delegate completed the investigations. He filed the indictment: in the opinion of the Police, the three of them were responsible for Mr. Valdo’s death. The delegate also made the request for conversion from temporary prison (cautionary, which seeks investigation) to preventive, which is a procedural prison”, he contextualizes.

The lawyer criticizes the decision, since preventive detention can only be decreed in three cases: to guarantee public order (when he is a repeat offender, he commits crimes repeatedly); guarantee of procedural instruction (for those people who threaten witnesses and may compromise the progress of the process); and criminal law enforcement (when there is a risk of escape by the prisoner).

“In André’s case, we demonstrated that none of these requirements remain. He is a person with fixed employment and housing; no witnesses heard said they felt threatened; and he has no passage through the criminal system. There is no record that discredits his conduct”, he argues.

“I’m out here crying out for justice, because inside he has no voice”

Held at the Center for Criminological Observation and Screening Prof. Everardo Luna (Cotel), located in Caetés II, in the municipality of Abreu e Lima, Metropolitan Region of Recife, André received a single visit from his mother last Wednesday (20).

“I came out of there so depressed, I don’t even have words. It looks like he’s emotionally disoriented. It’s been very difficult, it affects the emotional a lot”, says the mother, who wants to preserve her identity for fear of retaliation.

Since André’s arrest, the mother has taken the lead in the fight for justice for her son. “His brother works and can’t be ahead, I have to be. Even on a tranquilizer, I have to be. Because if I go down, there’s no one to fight for his innocence. It’s too much pain for a mother to sleep and wake up knowing her innocent child is inside Cotel. I live on medicine so I can walk and work things out for him. I have to be standing. As long as I have a voice, I will scream for justice,” he says.

An online petition asking for justice in the name of André Arcanjo has surpassed more than 7,500 signatures / Reproduction

She says that André had a relationship of over 20 years of friendship with Valdo. “He has a wife with Alzheimer’s. André, who used to work in a hospital, used to bathe her. He didn’t have a caregiver, his wife’s caregiver was André, without receiving a penny, because he is helpful”, he says. “On the 11th this robbery took place. Unfortunately, he arrived at the wrong time, on the wrong day. I know André, he’s my son. André Arcanjo Tavares, man of character, church boy, drummer boy. It’s absurd what they’re doing to him.”

André attends the Mangue Church, located in the Recife neighborhood. In addition to being a percussionist in the band, he was also responsible for the local plants. Maelyson Rolim, pastor of the church, says that every week he went to water and seedlings. “He has an inspiring care, he became the plant specialist. He is an extremely calm man, very serene and peaceful”, he attests.

“Andre’s arrest is a reflection of structural racism”

Faced with this case, social movements have been articulated to join the fight for André’s freedom. Anna Beatriz Silva, a criminal lawyer specializing in Criminal Law and Criminal Procedure, is a member of the Pernambuco Black Articulation (ANEPE) and highlights that the request for preventive detention is allied to practices of penal selectivity.

“These practices end up reversing the values ​​of the Constitution that guarantee the passage through the criminal process without being blamed for it. We know that preventive detention is not based on latent procedural reasons, it comes as an early fulfillment of sentence, which is completely unconstitutional and is not supported by the Constitution”, says Anna Beatriz.

“In this sense, André’s imprisonment is, indeed, a reflection of the structural racism that naturalizes and perpetuates the use of preventive detention and provisional detention as a form of accountability before a final decision, before the assessment of evidence, before the procedural course “, it says.

According to the expert, this is a common practice in the state. “The Judiciary of Pernambuco, especially first-degree judges, keep people in pre-trial detention, forgetting the constitutional nature, solely and exclusively so that they can serve their sentence in advance. I reiterate: this practice is illegal and enhances racism and dominance over black bodies”, he defends.

The Evangelicals’ Front for the Rule of Law also called the arrest unjust. “We believe that we are witnessing once again the recurrent practice of the Pernambuco Police of looking at black men as criminals, of making the skin color say who is and who is not guilty of a certain crime”, denounces Ailce Moreira, one of the members of the movement.

“We emphatically believe in André’s innocence because there is no evidence in the judicial process to support his incrimination. André is a hardworking, caring man, worthy of the trust of his faith community and his co-workers”, he says.

Sought by the reporter, the PCPE informed in a note that it complied with the arrest warrant issued by the 1st Criminal Court of the Capital on the 6th, and that the Police Inquiry was concluded and sent to court on Wednesday.

It is now up to the Public Ministry of Pernambuco (MPPE) to analyze the procedure and state whether it will file a complaint and accept the request for preventive detention.

An online petition asking for justice in the name of André Arcanjo has already surpassed more than 7,500 signatures from people all over Brazil.

Source: BoF Pernambuco

Edition: Vanessa Gonzaga

Deixe um comentário

O seu endereço de e-mail não será publicado. Campos obrigatórios são marcados com *