José Vargas Sobrinho Junior responds to criminal charges in freedom
On 24 January 2022, lawyer and human rights defender José Vargas Sobrinho Junior had his house arrest replaced with other precautionary measures by the Court of Justice of Pará. This decision allows the human rights defender to more freely exercise his right to respond to the criminal charges that he faces.
On 13 December 2021, the assistant judge of the Criminal Court of Redenção, in the State of Pará, denied the request presented by the defence of the lawyer and human rights defender José Vargas Sobrinho Junior, deciding for the maintenance of the house arrest. In addition, an evidentiary hearing was scheduled for 25 March 2022.
On 25 January 2021, human rights defender and lawyer José Vargas Sobrinho Junior was transferred to home detention after the Court of Pará decided on a Habeas Corpus presented on his case.
On 1 January 2021 human rights defender and lawyer José Vargas Sobrinho Junior was detained in Redencão, Pará. The detention is linked to a police investigation into the disappearance of Cicero José Rodrigues de Souza, the President of the Association of Epileptics of Redencão and former candidate of the 2020 Municipal Elections. Cicero José Rodrigues de Souza has been missing since 20 October 2020.
José Vargas Sobrinho Junior is a human rights defender, university lecturer and lawyer in the state of Pará. José Vargas has dedicated his life’s work to the defence of landless rural workers, indigenous people and traditional communities in the state of Pará, the most dangerous region in Brazil for the defense of land rights. The lawyer is well known for his work on emblematic collective cases which goes against the interests of landowners and other economic groups in the region, such as the defence of the victims of the Pau D'Arco massacre, defending landless workers against the JBS company, and for his representation of the Kayapó indigenous people against mining companies in Cumaru do Norte.
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- 17 February 2022 : José Vargas Sobrinho Junior responds to criminal charges in freedom
- 14 December 2021 : Prison sentence of human rights defender José Vargas Sobrinho Junior upheld
- 12 July 2021 : Habeas corpus request of José Vargas Sobrinho Junior rejected
- 2 June 2021 : Upcoming decision of habeas corpus on criminal case against human rights defender José Vargas Sobrinho Júnior
- 26 January 2021 : Home detention of human rights defender José Vargas Sobrinho Junior
- 8 January 2021 : Human rights lawyer José Vargas Sobrinho Junior detained
On 24 January 2022, lawyer and human rights defender José Vargas Sobrinho Junior had his house arrest replaced with other precautionary measures by the Court of Justice of Pará. This decision allows the human rights defender to more freely exercise his right to respond to the criminal charges that he faces.
The decision was made on the ground that José Vargas Sobrinho Junior had been detained for an excessive period of time, as he had been under house arrest since 25 January 2021. The prison sentence was replaced by precautionary measures such as periodic court appearances and a prohibition on leaving the state of Pará without judicial authorization, among others. The human rights defender is the defendant in an arbitrary criminal process where he is accused of participating in the disappearance and killing of a local leader. The evidentiary hearing is scheduled for 25 March 2022.
José Vargas Sobrinho Junior is the lawyer of the victims and survivors of the Pau D'Arco Massacre in 2017, in which security forces shot and killed 10 landless workers. He is also the lawyer for the Kayapó indigenous people who opposed mining enterprises in Cumaru do Norte and for landless workers against the abuses of JBS company. His house arrest compromised his legal work on behalf of human rights defenders in the southeastern region of Pará.
Front Line Defenders welcomes the decision of the Court of Justice of Pará, which allows the human rights defender to resume his work against human rights violations. However, Front Line Defenders reiterates its concern that he remains without access to his computer and work phone. Front Line Defenders is also concerned that the judicial system may be misused to silence human rights defenders and urges the Brazilian authorities to put an end to the irregularities regarding his detention and respect his due process rights, including the principle of presumption of innocence.
On 13 December 2021, the assistant judge of the Criminal Court of Redenção, in the State of Pará, denied the request presented by the defence of the lawyer and human rights defender José Vargas Sobrinho Junior, deciding for the maintenance of the house arrest. In addition, an evidentiary hearing was scheduled for 25 March 2022.
José Vargas Sobrinho Junior is a human rights defender, university teacher and a human rights lawyer in Redenção, Pará. Vargas is well known for his work on important cases for the defence of human rights in Brazil, such as the victims of the Pau D'Arco massacre, landless workers against JBS and the Kayapó indigenous people against mining companies in Cumaru do Norte.
On 1 January 2021, he was arrested at his home in the municipality of Redenção, Pará, based on a criminal procedure characterized by high level of arbitrariness and weak evidence. It has been more than 11 months since the grassroots lawyer and human rights defender José Vargas Sobrinho Junior was detained. Since 25 January 2021, the human rights defender has been under house arrest.
Between 8 and 10 October 2021, Front Line Defenders conducted a solidarity visit to the lawyer. During the event, it was learned that the situation to which José Vargas Sobrinho Junior is subjected represents an obstacle to his work. By not having access to his telephone and work email, and by not being able to personally follow up on his clients' cases, the human rights defender has been prevented from continuing his work in defence of human rights defenders. In June 2021, José Vargas Sobrinho Junior had to resign from acting as a lawyer in the Public Civil Action on behalf of the Kayapó indigenous people against the mining companies devastating their territory.
Front Line Defenders reiterates its deep concern regarding the arbitrary criminal proceedings against José Vargas Sobrinho Junior, as well as the prolonged pre-trial detention, given that the human rights defender meets all legal requirements to respond to criminal charges in freedom. Front Line Defenders urges the Brazilian authorities to put an end to the irregularities regarding José Vargas Sobrinho Junior’s detention, and ensure his right of presumption of innocence.
On 12 July 2021, the Court of Justice of the State of Pará rejected the habeas corpus request for the relaxation of the prison measures and the closure of the criminal proceedings against human rights defender and lawyer José Vargas Sobrinho Junior.
José Vargas Sobrinho Junior is the lawyer for the victims and survivors of the Pau D'Arco Massacre. He is the defendant in a case in which he is being accused of participating in the disappearance and killing of Cícero José Rodrigues de Souza, president of the epileptics association of Redenção and a former candidate in the municipal elections. The human rights defender is being accused in accordance with the provisions under Art. 121, § 2 of the Brazilian Penal Code.
The habeas corpus request, filed by the Redenção Subsection of the Brazilian Bar Association of the state of Pará, questioned the irregularities in the criminal proceedings and the fragility of the evidence used to incriminate the human rights defender. The evidence produced against José Vargas Sobrinho Junior was based on 12 whatsapp messages exchanged with his former office colleague, out of a total of 567 messages exchanged in the same period, some of which could potentially prove his innocence. Furthermore, the defence only had access to this evidence 113 days after the human rights defender’s detention, which occurred on 1 January 2021.
Those who have been monitoring the development of the Pau D'Arco Massacre case have seen this criminal process as a clear attempt to prevent justice for the victims and survivors of the massacre. Only one day after José Vargas Sobrinho Junior was transferred to home detention, the land rights defender Fernando dos Santos Araújo was killed. Fernando dos Santos Araújo, one of the survivors of the Pau D’Arco massacre, had reported that he was facing new threats and intimidation from police officers, shortly before José Vargas Sobrinho Junior was detained.
Since 2017, José Vargas Sobrinho Junior has faced several threats and intimidation in retaliation for his judicial role in the Pau D'Arco case. He was even included in the Protection Program for Human Rights Defenders in the state of Pará. Front Line Defenders has seen a global pattern of misuse of the judicial system to silence human rights defenders, through imprisonment and destruction of their reputation, as a means of interrupting their work. Front Line Defenders reiterates its deep concern regarding the accusations brought against José Vargas Sobrinho Junior, and urges the Brazilian authorities to carry out an impartial investigation into the allegations being made against him, ensuring the right to presumption of innocence and the right to defence, as provided for in the Brazilian constitution.
On 11 May 2021, representatives of the Redenção Subsection of the Brazilian Bar Association of the state of Pará filed a habeas corpus petition requesting the closure of the criminal process against José Vargas Sobrinho Júnior, on the grounds of the arbitrary proceedings and the fragility of evidence presented against him. A decision is expected to take place by 14 June 2021.
Human rights defender and lawyer José Vargas Sobrinho Júnior remains under house arrest since 25 January 2021. On 28 January 2021 Vargas was formally linked to the criminal process as a defendant, and accused of having participated in the disappearance and killing of Cicero José Rodrigues de Souza, the President of the Association of Epileptics of Redenção and former candidate of the 2020 Municipal Elections. The alleged evidence used against José Vargas Sobrinho Júnior was produced based on 12 WhatsApp messages exchanged with his former law firm colleague, out of a total of 567 messages exchanged with him in the same period, some of which could potentially prove the innocence of the defender.
The human rights defender faced several obstacles in the preparation for his legal defence. Only on 23 April 2021, 113 days after his detention, José Vargas could access the messages used in the accusation report by the civil police. In addition, until present date, Jose Vargas has not had access to his cell phone and computer, seized during the operation in early January, which are fundamental for defence preparation. The judge also prohibited him from re-activating his telephone line as well as accessing his work e-mail. Therefore, not only his legal case is hampered but Jose Vargas is also unable to exercise his professional activities as a lawyer.
Those who accompany the developments on Pau D’Arco Massacre case are likely seeing this criminal process against Jose Vargas as a clear attempt to prevent justice for the victims of the massacre. Jose Vargas is the lawyer for the victims in the case and the investigation against him is being conducted by the same civil police institution that is involved in the Pau D'Arco Massacre. Only one day after Jose Varga’s release from prison to house arrest, one of the survivors and main witness for the Pau d’Arco case, land rights defender Fernando dos Santos Araújo was killed. Fernando dos Santos had reported, shortly before Jose Vargas was detained, that he was facing new threats and intimidations by police officers.
Front Line Defenders reiterates its deep concern in relation to the charges presented against Jose Vargas Sobrinho Junior, as well as at the irregularities that have marked the judicial process so far and expects the upcoming decision will put an end to this unfair criminal procedure.
On 25 January 2021, human rights defender and lawyer José Vargas Sobrinho Junior was transferred to home detention after the Court of Pará decided on a Habeas Corpus presented on his case.
On 1 January 2021 José Vargas Sobrinho Junior was detained in Redencão, Pará. The detention is linked to a police investigation into the disappearance of Cicero José Rodrigues de Souza, the President of the Association of Epileptics of Redencão and former candidate of the 2020 Municipal Elections. Cicero José Rodrigues de Souza has been missing since 20 October 2020.
The inquiry into Cicero José Rodrigues de Souza's disappearance has been submitted to the Public Prosecution, however no formal complaint has been filed yet. José Vargas Sobrinho Junior is expected to remain in house detention until the next phase of the investigation is concluded.
Front Line Defenders welcomes the conversion of the preventative detention of José Vargas Sobrinho Junior to home detention, in view of the fact that the defender fulfils all the requirements under the Brazilian Code of Criminal Procedure. However, Front Line Defenders reiterates its concern that in this case, the judicial system could be misused to destroy the reputation and silence the work of José Vargas Sobrinho Junior as a human rights defender.
Front Line Defenders expects the right to presumption of innocence of José Vargas Junior to be respected throughout the process of this case, and urges the authorities in Brazil to carry out an impartial investigation into the allegations made against the human rights defender.
On 1 January 2021 human rights defender and lawyer José Vargas Sobrinho Junior was detained in Redencão, Pará. The detention is linked to a police investigation into the disappearance of Cicero José Rodrigues de Souza, the President of the Association of Epileptics of Redencão and former candidate of the 2020 Municipal Elections. Cicero José Rodrigues de Souza has been missing since 20 October 2020.
José Vargas Sobrinho Junior is a human rights defender, university lecturer and lawyer in the state of Pará. José Vargas has dedicated his life’s work to the defence of landless rural workers, indigenous people and traditional communities in the state of Pará, the most dangerous region in Brazil for the defense of land rights. The lawyer is well known for his work on emblematic collective cases which goes against the interests of landowners and other economic groups in the region, such as the defence of the victims of the Pau D'Arco massacre, defending landless workers against the JBS company, and for his representation of the Kayapó indigenous people against mining companies in Cumaru do Norte. In recognition for his work in the defence of human rights, particularly on land rights, José Vargas received the 2017 João Canuto Award, granted by the Human Rights Movement (MhuD) and the 2018 Paulo Frota Medal, awarded by the Legislative Assembly of Pará (ALEPA).
On 1 January 2021, at around noon, police arrested José Vargas while he was at home with his wife and two daughters. During the operation, the human rights defender’s cellphone and computer were also seized. The human rights defender was escorted by armed police to the Prison facilities of Redenção. According to the version presented by the Civil Police and the Public Ministry, which also participates in the preliminary investigations, the defender’s alleged involvement is solely based on evidence of a transcript of some WhatsApp audio. The investigative procedure is still at a preliminary stage, no charges have been formalised against the human rights defender.
On 4 January 2021, a habeas corpus was requested by the OAB (Ordem dos Advogados do Brasil/ Brazilian Bar Association, Redenção/Para section) claiming that José Vargas’ arrest was unfairly based on unsubstantial evidence and loose arguments. The OAB stated that José Vargas’ arrest was based on “hypothetical premises, without proof in the records" and on a “fanciful thesis raised by the police authorities”. A request for his provisional release was also denied, despite the fact that Brazilian law provides for his freedom: the human rights defender is a primary defendant, has family, residence and permanent jobs in Redenção, fulfilling all the requirements under the Code of Criminal Procedure to respond to the process, which is still in preliminary investigation, in freedom. Since the detention, audio files and pictures unrelated to the case have been disseminated on local networks and WhatsApp groups with the clear intention to undermine the credibility of the defender and destroy his public image.
Front Line Defenders has seen a global trend in the misuse of the judicial system to silence human rights defenders by imprisoning them, destroying their reputation and interrupting their work, thus simultaneously silencing the victims of human rights violations they support. José Vargas has a record of being targeted as a human rights defender. He is included in the Program for the Protection of Human Rights Defenders since 2017 due to the increased threats faced by him in retaliation for his work in the defense of human rights, particularly in relation to his leadership in seeking justice for the survivors of the Pau D'Arco massacre – a case where 10 rural workers were killed by police officers and is still pending resolution. In the past, José Vargas has also been forced to leave the city with his family, as a protective measure due to the increase in threats against his life.
Front Line Defenders recognises the importance of investigating and elucidating all the facts about this very serious case involving Cicero José Rodrigues de Souza. Nevertheless, Front Line Defenders believes the investigation of his disappearance has been misused as an opportunity to undermine José Vargas’ work as a human rights defender.
Front Line Defenders is also concerned that the preventive detention of José Vargas, the emergency measure taken by the authorities over a week ago, has not been relaxed, despite the provision of Brazilian legislation and the lack of coherent evidence against the defender. Front Line Defenders expects the right to presumption of innocence of José Vargas Junior to be respected by the authorities throughout the process of this case, and urges the authorities in Brazil to release the human rights defender while an impartial investigation into the allegations made against the human rights defender is carried out.
