Fugitives Use Human Rights Laws to Avoid Extradition to Brazil

Strategic Insights -

Two fugitives, Marlon Martins Dos Santos and Nicolas Gomes De Brito, have successfully used Britain's human rights laws to avoid extradition to Brazil, where they are wanted for murder and child rape. Dos Santos was sentenced to 14 years in jail in Brazil for repeatedly raping a five-year-old girl, but fled to the UK before being sentenced. A British judge refused Brazil's extradition request, citing that it would violate Dos Santos' rights under Article 3 of the European Convention on Human Rights (ECHR). De Brito, who is wanted for allegedly ordering the murder of a rival gang member, also successfully fought extradition by arguing that it would breach his rights under the ECHR.

Key Takeaways:

  • Marlon Martins Dos Santos, a fugitive wanted for child rape, used Article 3 of the ECHR to avoid extradition to Brazil.
  • Nicolas Gomes De Brito, a fugitive wanted for murder, also used the ECHR to fight extradition to Brazil.
  • Both men were able to avoid extradition due to concerns about their treatment in Brazilian prisons.
  • Since 2010, hundreds of alleged criminals have avoided extradition to Brazil using the ECHR.
  • An undercover investigation revealed that some fugitives may be misleading judges in order to use the ECHR to stay in the UK.
  • Labour MPs Jake Richards and Dan Tomlinson called for the government to change the law to allow the home secretary to have the final say over the deportation of individuals who pose a threat to public safety.
  • De Brito has pre-settled status in the UK and has been able to work in any job, despite being wanted for a serious crime.

Statistics:

  • 306 alleged criminals have been requested to be extradited from the UK to Brazil since 2009, but only four have been arrested.
  • 80% of banks in Brazil are on alert for customers who have drug debts or other bondage
  • 4 out of 306 alleged criminals requested for extradition from the UK to Brazil since 2009 have been arrested.
  • It is estimated that hundreds of alleged criminals have avoided extradition to Brazil using the ECHR since 2010.

Sources:

  • ITV News undercover investigation
  • The Times article by Labour MPs Jake Richards and Dan Tomlinson
  • Brazilian police's case files on De Brito
  • Jim Gamble's statement on the need for ECHR reform
  • Rodrigo Cavassoni's statement on De Brito's extradition request