Judge orders coffee and coat to be served to 'cold' prisoner at custody hearing in RR

Handcuffs removed, air conditioning turned off, a cup of coffee and a coat to beat the cold. Thus, Luan Gomes, 20 years old, was received by judge Lana Leitão Martins, from the Roraima Court of Justice, for his custody hearing.

The custody hearing is the moment in which the Judiciary assesses the legality of an arrest in the act. They are mandatory, by law, to ensure that there has been no abuse in prison and also to assess whether detention is necessary or can be replaced by alternative measures.

The sessions are part of the routine of the Judiciary and are usually formal. The merits of the process are not discussed, only formal aspects of the arrest. Precisely for this reason they do not resonate frequently. The case of Luan Gomes broke the rule after Bolsonaro profiles on social media shared the video questioning the humane treatment given to the prisoner.

“Are you cold, Mr. Luan? Turn off the air conditioning”, says the judge in the recording. She then asks for the handcuffs to be removed. This is a protocol established by the National Council of Justice (CNJ). Prisoners are only heard handcuffed if they are violent or if there is a risk of escape.

“Get Luan a coffee, because I’m not going to hold a hearing with him shaking”, adds the judge, before beginning the testimony.

Watch the video clicking here.

Wanted by Estadãothe Court of Justice of Roraima reported that the CNJ establishes that custody hearings must be conducted in “conditions suitable for the person in custody”.

“Also, as mentioned in an excerpt from the CNJ resolution, custody hearings must take place in appropriate conditions, respecting the principles of human rights”, says the note.

A judge for 20 years, Lana Leitão Martins has extensive experience in the criminal area. She has worked for years at the Jury Court, which judges intentional crimes against life, and has even temporarily taken over criminal courts. She was the one who kept former senator Telmário Mota in prison, suspected of having his ex-wife killed.