Criminal case against human rights defender Jose Vargas dismissed

On 19 July 2023, human rights defender José Vargas Sobrinho Junior had his innocence confirmed after the criminal judge of Redenção, Pará, handed down a dismissal sentence (sentença de impronúncia) acquitting the human rights defender due to a lack of evidence against him. On 24 July 2023, the deadline for the Public Prosecutor’s Office to file an appeal on the case passed, making it final that José Vargas’s case has been officially dismissed. The human rights defender had been facing criminal procedures for two and a half years, linked to the disappearance and killing of Cícero José Rodrigues de Souza, the president of the Association of Epileptics of Redenção and former candidate in the 2020 Municipal Elections.

José Vargas Sobrinho Junior is a human rights defender, university teacher and a human rights lawyer in Redenção, Pará. He works in one of the most dangerous regions in Brazil in terms of agrarian conflicts, and in one of the states with the most killings in rural areas. José Vargas’ role is marked by the defence of landless workers, indigenous people and traditional communities. In recognition of his work in the defence of human rights, particularly land rights, José Vargas received the 2017 João Canuto Award, granted by the Human Rights Movement (MhuD). In addition, in 2018, he received the Paulo Frota medal, awarded by the Legislative Assembly of Pará (ALEPA).

On 1 January 2021, the human rights defender José Vargas was arrested at his residence and detained at Redenção Prison until 25 January 2021, when he was placed under house arrest. On 25 January 2022, the Court of Justice of Pará ruled on a habeas corpus motion, substituting the house arrest order with less restrictive measures. These included reporting obligations and requirements to refrain from contacting persons involved in the case and to remain within the State of Pará.

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. Front Line Defenders believes this investigation was misused to undermine José Vargas’ work and credibility as a human rights defender. In 2017, Vargas was included in the Program for the Protection of Human Rights Defenders in Pará due to the constant threats he received in retaliation for his work in defence of human rights, particularly his prominent role in defence of the victims of the Pau D'Arco massacre. In the past, Vargas had been forced to leave the city with his family, as a protective measure due to the increase in threats against his life.

José Vargas’ case had been marked by irregularities in the criminal proceedings and the fragility of the evidence used to incriminate the human rights defender. José Vargas’ participation in the crime of homicide was deduced by selective reading of WhatsApp audio messages exchanged between him and the lawyer of the Association presided over by the victim Cícero. The messages were taken out of context and improperly used, with the aim of incriminating him. In an investigation that was taking place secretly, these same audio messages were illegally disseminated on social networks and media outlets, even before being added to the investigative process, allowing for public attacks against the image of the human rights defender, undermining his credibility.

From the beginning of investigations, the Brazilian Bar Association – Pará (OAB/PA) highlighted that the full content of the messages in his cellphone left no doubt about Vargas’ innocence and his non-involvement with the crime. The human rights defender exchanged more than 500 messages with the lawyer of the Association chaired by Cícero, in which he expressed his concern with Cícero's disappearance, in addition to severely criticising the police's slowness in the face of what happened, but the Public Prosecutor highlighted and isolated a single message to denounce José Vargas for the crime of homicide. After the seizure of his cell phone by the Civil Police, José Vargas no longer had access to the device, jeopardising his defence.

On 22 July 2022, the UN Working Group on Arbitrary Detention rendered its Opinion No. 38/2022 concerning José Vargas Sobrinho Junior (Brazil), concluding that his deprivation of liberty constituted arbitrary detention, being in contravention of articles 3 and 9 of the Universal Declaration of Human Rights and article 9 (1) and (3) of the International Covenant on Civil and Political Rights, to which Brazil is a state party. On that occasion, the Working Group requested the Government of Brazil “to take the steps necessary to remedy the situation of Mr. Vargas without delay and bring it into conformity with the relevant international norms, including those set out in the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights.” At the time, the Working Group also considered that, among others, the appropriate remedy would be “to unconditionally release Mr. Vargas and accord him an enforceable right to compensation and other reparations, in accordance with international law.”

Front Line Defenders welcomes the dismissal sentence issued by the judge of Redenção, which recognises the lack of evidence to incriminate José Vargas and allows the human rights defender to fully resume his work against human rights violations. However, Front Line Defenders reiterates its concern about the frequency with which the judicial system has been misused to silence human rights defenders in Brazil, and echoes the Working Group in its request for the State of Brazil to provide appropriate remedy to the human rights defender, in accordance with international law.

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 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 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.

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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.