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The Right to a “Custody Hearing” under International Law
by Maria Laura Canineu
February 3, 2014
A person who is arrested has a right to be brought promptly before a judge. This is a longstanding and fundamental principle of international law, crucial for ensuring that the person’s arrest, treatment, and any ongoing detention are lawful.
Yet, until now, Brazil has not respected this right. Detainees often go months before seeing a judge. For instance, in São Paulo state, which houses 37 percent of Brazil’s total prison population, most detainees are not brought before a judge for at least three months. The risk of ill-treatment is often highest during the initial stages of detention, when police are questioning a suspect. The delay makes detainees more vulnerable to torture and other serious forms of mistreatment by abusive police officers.
In 2012, the UN Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment reported that it had received “repeated and consistent accounts of torture and ill-treatment” in São Paulo and other Brazilian states, “committed by, in particular, the military and civil police.” The torture had allegedly occurred in police custody or at the moment of arrest, on the street, inside private homes, or in hidden outdoor areas, and was described as “gratuitous violence, as a form of punishment, to extract confessions, and as a means of extortion.”
In addition to violating the rights of detainees, these abusive practices make it more difficult for the police to establish the kind of public trust that is often crucial for effective crime control. These practices undermine legitimate efforts to promote public security and curb violent crime, and thus have a negative impact on Brazilian society as a whole.
The right to be brought before a judge without unnecessary delay is enshrined in treaties long ago ratified by Brazil, including the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights. The United Nations Human Rights Committee, which is responsible for interpreting the ICCPR, has determined that the delay between the arrest of an accused and the time before he is brought before a judicial authority “should not exceed a few days,” even during states of emergency.
Other countries in Latin America have incorporated this right into their domestic law. For instance, in Argentina, the federal Criminal Procedure Code requires that in cases of arrest without a judicial order, the detainee must be brought to a competent judicial authority within six hours.
In contrast, Brazil’s criminal procedure code requires that when an adult is arrested in flagrante and held in police custody, only the police files of the case need to be presented to the judge within 24 hours, not the actual detainee. Judges evaluate the legality of the arrest and make the decision about whether to order continued detention or other precautionary measures based solely on the written documents provided by the police.
The code establishes a maximum of 60 days for the first judicial hearing with the detainee, but does not explicitly say when this period begins. In practice, this often means that police in Brazil can keep people detained, with formal judicial authorization, for several months, without giving the detainee a chance to actually see a judge.
According to the code, the only circumstance in which police need to bring a person before the judge immediately applies to cases of crimes not subject to bail in which arresting officer was not able to exhibit the arrest order to the person arrested at the time of arrest. Otherwise, the detainee may also not see a judge for several months.
(www.hrw.org. Editado e adaptado)
The Right to a “Custody Hearing” under International Law
by Maria Laura Canineu
February 3, 2014
A person who is arrested has a right to be brought promptly before a judge. This is a longstanding and fundamental principle of international law, crucial for ensuring that the person’s arrest, treatment, and any ongoing detention are lawful.
Yet, until now, Brazil has not respected this right. Detainees often go months before seeing a judge. For instance, in São Paulo state, which houses 37 percent of Brazil’s total prison population, most detainees are not brought before a judge for at least three months. The risk of ill-treatment is often highest during the initial stages of detention, when police are questioning a suspect. The delay makes detainees more vulnerable to torture and other serious forms of mistreatment by abusive police officers.
In 2012, the UN Subcommittee on Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment reported that it had received “repeated and consistent accounts of torture and ill-treatment” in São Paulo and other Brazilian states, “committed by, in particular, the military and civil police.” The torture had allegedly occurred in police custody or at the moment of arrest, on the street, inside private homes, or in hidden outdoor areas, and was described as “gratuitous violence, as a form of punishment, to extract confessions, and as a means of extortion.”
In addition to violating the rights of detainees, these abusive practices make it more difficult for the police to establish the kind of public trust that is often crucial for effective crime control. These practices undermine legitimate efforts to promote public security and curb violent crime, and thus have a negative impact on Brazilian society as a whole.
The right to be brought before a judge without unnecessary delay is enshrined in treaties long ago ratified by Brazil, including the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights. The United Nations Human Rights Committee, which is responsible for interpreting the ICCPR, has determined that the delay between the arrest of an accused and the time before he is brought before a judicial authority “should not exceed a few days,” even during states of emergency.
Other countries in Latin America have incorporated this right into their domestic law. For instance, in Argentina, the federal Criminal Procedure Code requires that in cases of arrest without a judicial order, the detainee must be brought to a competent judicial authority within six hours.
In contrast, Brazil’s criminal procedure code requires that when an adult is arrested in flagrante and held in police custody, only the police files of the case need to be presented to the judge within 24 hours, not the actual detainee. Judges evaluate the legality of the arrest and make the decision about whether to order continued detention or other precautionary measures based solely on the written documents provided by the police.
The code establishes a maximum of 60 days for the first judicial hearing with the detainee, but does not explicitly say when this period begins. In practice, this often means that police in Brazil can keep people detained, with formal judicial authorization, for several months, without giving the detainee a chance to actually see a judge.
According to the code, the only circumstance in which police need to bring a person before the judge immediately applies to cases of crimes not subject to bail in which arresting officer was not able to exhibit the arrest order to the person arrested at the time of arrest. Otherwise, the detainee may also not see a judge for several months.
(www.hrw.org. Editado e adaptado)
No trecho do terceiro parágrafo – The torture had allegedly occurred in police custody… – o termo allegedly equivale, em português, a
Ano: 2016Banca: ESAFOrganização: ANACDisciplina: Língua InglesaTemas: Vocabulário | Sinônimos | Advérbios e Conjunções
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Read text 2 and answer questions 25-30.
Text 2
The advantage
1 CARE Acquiring a new aircraft is already a complex enough process. Acquiring a pre-owned aircraft can be an even more challenging task. The industry has its fair share of brokers and experts all willing to offer you the best deal in town but, regrettably, once you have signed and the aircraft is delivered, they tend to vanish as they move onto the next deal. Our philosophy is very different. Every Embraer aircraft we lease has passed through our own Embraer facilities. Every aircraft is treated with a level of service and care that can only come from those who built them in the first place.
2 SUPPORT In choosing one of our pre-owned aircraft, all of our customers share a common goal: to ensure that the aircraft delivered perform seamlessly from day one and continue to perform for many years to come. In response to this, we offer the Lifetime Program by Embraer. This program represents a first in the industry and is the result of a very detailed review between ECC and Embraer on how best to support our customers. The Lifetime Program is unique to preowned Embraer aircraft and offers a wide range of services from startup through operation.
3 RELIABLE So when an ECC pre-owned aircraft is offered for delivery to its new home you can rest assured that it will provide many years of happy, reliable service. Our focus does not end there since we value the relationships we build with our customers. Our Lifetime Program is testament to this. This is a unique and new service from Embraer to support our used aircraft. We invite you to learn, in greater detail, how it will not only enhance your operation, but also keep your Chief Financial Officer happy. Transparency in costs and flexibility in adapting to your needs. It is our way of showing that every Embraer aircraft we offer has our seal of approval. Coming from the manufacturer, that's no small thing.
Source: http://www.eccleasing.com/Pages/fator.aspx [slightly adapted
Text 2
The advantage
1 CARE Acquiring a new aircraft is already a complex enough process. Acquiring a pre-owned aircraft can be an even more challenging task. The industry has its fair share of brokers and experts all willing to offer you the best deal in town but, regrettably, once you have signed and the aircraft is delivered, they tend to vanish as they move onto the next deal. Our philosophy is very different. Every Embraer aircraft we lease has passed through our own Embraer facilities. Every aircraft is treated with a level of service and care that can only come from those who built them in the first place.
2 SUPPORT In choosing one of our pre-owned aircraft, all of our customers share a common goal: to ensure that the aircraft delivered perform seamlessly from day one and continue to perform for many years to come. In response to this, we offer the Lifetime Program by Embraer. This program represents a first in the industry and is the result of a very detailed review between ECC and Embraer on how best to support our customers. The Lifetime Program is unique to preowned Embraer aircraft and offers a wide range of services from startup through operation.
3 RELIABLE So when an ECC pre-owned aircraft is offered for delivery to its new home you can rest assured that it will provide many years of happy, reliable service. Our focus does not end there since we value the relationships we build with our customers. Our Lifetime Program is testament to this. This is a unique and new service from Embraer to support our used aircraft. We invite you to learn, in greater detail, how it will not only enhance your operation, but also keep your Chief Financial Officer happy. Transparency in costs and flexibility in adapting to your needs. It is our way of showing that every Embraer aircraft we offer has our seal of approval. Coming from the manufacturer, that's no small thing.
Source: http://www.eccleasing.com/Pages/fator.aspx [slightly adapted
The word 'seamlessly' in #2 line 3 means
Ano: 2021Banca: GS Assessoria e ConcursosOrganização: Prefeitura de Irati - SCDisciplina: Língua InglesaTemas: Vocabulário
Which assertion does not match the masculine and feminine pair of the noun?
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Text 1
The good oil boys club
It should have been a day of high excitement. A public auction on July 15th marked the end of a 77-year monopoly on oil exploration and production by Pemex, Mexico`s state-owned oil company, and ushered in a new era of foreign investment in Mexican oil that until a few years ago was considered unimaginable.
The Mexican government had hoped that its firstever auction of shallow-water exploration blocks in the Gulf of Mexico would successfully launch the modernisation of its energy industry. In the run-up to the bidding, Mexico had sought to be as accommodating as its historic dislike for foreign oil companies allowed it to be. Juan Carlos Zepeda, head of the National Hydrocarbons Commission, the regulator, had put a premium on transparency, saying there was “zero room” for favouritism.
When prices of Mexican crude were above $100 a barrel last year (now they are around $50), the government had spoken optimistically of a bonanza. It had predicted that four to six blocks would be sold, based on international norms.
It did not turn out that way. The results fell well short of the government’s hopes and underscore how residual resource nationalism continues to plague the Latin American oil industry. Only two of 14 exploration blocks were awarded, both going to the same Mexican-led trio of energy fi rms. Offi cials blamed the disappointing outcome on the sagging international oil market, but their own insecurity about appearing to sell the country’s oil too cheap may also have been to blame, according to industry experts. On the day of the auction, the fi nance ministry set minimum-bid requirements that some considered onerously high; bids for four blocks were disqualifi ed because they failed to reach the offi cial fl oor.
(Source: http://www.economist.com/news/business/21657827-
latinamericas-oil-fi
rms-need-more-foreign-capital-historic-auctionmexico-shows)
In the sentence “Officials blamed the disappointing
outcome on the sagging international oil market” the
word “sagging” means
Ano: 2024Banca: AMAUCOrganização: Prefeitura de Alto Bela Vista - SCDisciplina: Língua InglesaTemas: Vocabulário
In the realm of lexicography, identify the word that best
encapsulates the following definition: "A state of being
excessively self-centered or absorbed in one's own
thoughts and interests to the detriment of others, often
manifested as a disregard for social norms."
Ano: 2012Banca: UECE-CEVOrganização: UECEDisciplina: Língua InglesaTemas: Vocabulário | Sinônimos | Compreensão de Texto
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T E X T
SPEAKING two languages rather than just
one has obvious practical benefits in an
increasingly globalized world. But in recent years,
scientists have begun to show that the advantages
of bilingualism are even more fundamental than
being able to converse with a wider range of
people. Being bilingual, it turns out, makes you
smarter. It can have a profound effect on your
brain, improving cognitive skills not related to
language and even shielding against dementia in
old age.
This view of bilingualism is remarkably
different from the understanding of bilingualism
through much of the 20th century. Researchers,
educators and policy makers long considered a
second language to be an interference, cognitively
speaking, that hindered a child’s academic and
intellectual development.
They were not wrong about the
interference: there is ample evidence that in a
bilingual’s brain both language systems are active
even when he is using only one language, thus
creating situations in which one system obstructs
the other. But this interference, researchers are
finding out, isn’t so much a handicap as a
blessing in disguise. It forces the brain to resolve
internal conflict, giving the mind a workout that
strengthens its cognitive muscles.
Bilinguals, for instance, seem to be more
adept than monolinguals at solving certain kinds of
mental puzzles. In a 2004 study by the
psychologists Ellen Bialystok and Michelle MartinRhee, bilingual and monolingual preschoolers were
asked to sort blue circles and red squares
presented on a computer screen into two digital
bins — one marked with a blue square and the
other marked with a red circle.
In the first task, the children had to sort
the shapes by color, placing blue circles in the bin
marked with the blue square and red squares in
the bin marked with the red circle. Both groups did
this with comparable ease. Next, the children were
asked to sort by shape, which was more
challenging because it required placing the images
in a bin marked with a conflicting color. The
bilinguals were quicker at performing this task.
The collective evidence from a number of
such studies suggests that the bilingual experience
improves the brain’s so-called executive function
— a command system that directs the attention
processes that we use for planning, solving
problems and performing various other mentally
demanding tasks. These processes include ignoring
distractions to stay focused, switching attention
willfully from one thing to another and holding information in mind — like remembering a
sequence of directions while driving.
Why does the tussle between two
simultaneously active language systems improve
these aspects of cognition? Until recently,
researchers thought the bilingual advantage
stemmed primarily from an ability for inhibition
that was honed by the exercise of suppressing one
language system: this suppression, it was thought,
would help train the bilingual mind to ignore
distractions in other contexts. But that explanation
increasingly appears to be inadequate, since
studies have shown that bilinguals perform better
than monolinguals even at tasks that do not
require inhibition, like threading a line through an
ascending series of numbers scattered randomly
on a page.
The key difference between bilinguals and
monolinguals may be more basic: a heightened
ability to monitor the environment. “Bilinguals
have to switch languages quite often — you may
talk to your father in one language and to your
mother in another language,” says Albert Costa, a
researcher at the University of PompeuFabra in
Spain. “It requires keeping track of changes
around you in the same way that we monitor our
surroundings when driving.” In a study comparing
German-Italian bilinguals with Italian monolinguals
on monitoring tasks, Mr. Costa and his colleagues
found that the bilingual subjects not only
performed better, but they also did so with less
activity in parts of the brain involved in
monitoring, indicating that they were more
efficient at it.
The bilingual experience appears to
influence the brain from infancy to old age (and
there is reason to believe that it may also apply to
those who learn a second language later in life).
In a 2009 study led by Agnes Kovacs of
the International School for Advanced Studies in
Trieste, Italy, 7-month-old babies exposed to two
languages from birth were compared with peers
raised with one language. In an initial set of trials,
the infants were presented with an audio cue and
then shown a puppet on one side of a screen. Both
infant groups learned to look at that side of the
screen in anticipation of the puppet. But in a later
set of trials, when the puppet began appearing on
the opposite side of the screen, the babies exposed
to a bilingual environment quickly learned to
switch their anticipatory gaze in the new direction
while the other babies did not.
Bilingualism’s effects also extend into the
twilight years. In a recent study of 44 elderly
Spanish-English bilinguals, scientists led by the
neuropsychologist Tamar Gollan of the University
of California, San Diego, found that individuals
with a higher degree of bilingualism — measured
through a comparative evaluation of proficiency in
each language — were more resistant than others
to the onset of dementia and other symptoms of Alzheimer’s disease: the higher the degree of
bilingualism, the later the age of onset.
Nobody ever doubted the power of
language. But who would have imagined that the
words we hear and the sentences we speak might
be leaving such a deep imprint?
Source: www.nytimes.com
As to the meaning of the words “stemmed”,
“tussle”, “gaze”, and “onset” in the text, it is
expressed respectively in
Ano: 2020Banca: Avança SPOrganização: Prefeitura de Itatiba - SPDisciplina: Língua InglesaTemas: Vocabulário | Compreensão de Texto
Choose the option that best replaces the
words in bold:
“I stand amid the roar
Of a surf-tormented shore,
And I hold within my hand
Grains of the golden sand.”
Texto associado
REFERS TO QUESTION
Lessons for Americans, From a Chines Classroom
Observing how Chinese 2- and 3-year-olds navigated a second language, I wondered whether I could have done this for my children.
SHANGHAI — We sat in toddler-size wooden chairs around an orderly circle of Chinese 2-year-olds, busy with circle time. As a parent of three children who collectively spent 15 years in American day care, I am very familiar with circle time.
But I was in this Shanghai classroom as a professor, with college students from many different countries in a class I’m teaching here on children and childhood.
We were observing in a private kindergarten, designed to provide young children — starting at age 2 — with a carefully structured, fully bilingual curriculum, especially important because English language skills are vital for educational success in China.
Visits to Chinese educational institutions allow the college students in my course to get a look at real children and the ways that they learn, while also thinking about Chinese society today. They get windows onto certain slices of this complex country: a high-end private bilingual program that starts with toddlers; a city high school for academically gifted students; a middle school created for the children of the rural migrants who have come by the millions from China’s poorer provinces to work in Shanghai, but whose rights to social benefits are severely limited in the city.
These visits offer the college students insights into many of the social issues facing China, and we spend time in class discussing questions like the huge role that the annual gaokao college entrance exam plays in determining a child’s educational destiny (English is one of the required subjects), the pressures on families that create a culture of cram schools, and the controversies over reserving spots in colleges for kids from rural areas.
But all of those questions have powerful resonances when you think about the issues of childhood education and child development, which have to be addressed in every country. As my college students discuss the different facets of childhood around the world, visiting the Chinese schools also helps them in remembering and thinking about what children look like at different ages, and how they play and interact and learn.
Available in : https://www.nytimes.com/2020/01/20/, accessed on
February 26th, 2020. Adapted
The suffix of the word POORER in has the same meanig as
in:
During rough seas, the first officer advises the captain to
adjust the ship's ballast. What is the function of the
ballast in maritime operations?
Ano: 2023Banca: Avança SPOrganização: Prefeitura de Americana - SPDisciplina: Língua InglesaTemas: Compreensão de Texto | Vocabulário
The expression “when pigs fly” means:
..