Delay in Bids Leaves Prisoners without Electronic Anklets

There has been no electronic ankle brace in São Paulo for at least three months and there is no concrete prediction of when the equipment will be available. The exceptions are 20 units hired in May and are used by the Civil Police and two others lent to the Federal Court in the state.

The problem affects prisoners who respond to lawsuits in the Federal Justice of São Paulo, where this technology has never been put into practice, and also those who are detained under the tutelage of state courts.

Anklets are supplied and controlled by private companies and it is necessary to carry out bidding for the purchase of such equipment. When the contract ends, they are collected.

The use of electronic anklets is one of the alternatives to pre-trial detention. Other measures may be prohibition of attending some places, not being able to approach a certain person, home recollection and delivery of the passport. The judge can determine the use of the equipment alone or together with some other precautionary measure.

Because of this absence, on June 29, federal judge Paulo Bueno de Azevedo, who issued the release of former minister Paulo Bernardo, said in his decision that he could not comply with the request of the Federal Public Ministry(MPF) to monitor electronically Or investigated. The PT left the headquarters of the PF without electronic monitoring.

“The cost of implementation is high. Here in São Paulo began to implement buying the anklets and using, for example, to control the semi-open units. But the process that involved buying, the bidding process, ended and was not renewed, “said Adriana de Melo Nunes Martorelli, chair of the Criminal and Penitentiary Policy Commission of the Brazilian Bar Association(OAB) of São Paulo and vice- President of the Penitentiary Council of the State of São Paulo.

In the expert’s assessment, monitoring could be a sufficient response from the criminal justice system and society to lessen the sense of impunity. “It’s an important loss, it seems to me, with regard to criminal prevention policies as well, not least because it’s not to ignore the number of people who are imprisoned every month,” he said.

River
In Rio prisoners face a similar problem. According to a report by”O Globo”, since the end of 2014, the Department of Penitentiary Administration has stopped paying suppliers.

The absence of the equipment caused that the contractor Fernando Cavendish and the bouncer Carlinhos Cachoeira, both detained in Operation Looting of the PF(that investigates scheme that diverted R $ 370 million from the public coffers), were still incarcerated. Justice had transformed their pre-trial detention into domicile.

SSP
In a statement, the São Paulo Public Security Secretariat(SSP) reported that “there is a contract in progress with a specialized company for the acquisition of 20 anklets and their electronic monitoring and tracking of the equipment.” The request was made by the Department of Catch and Specialized Police(Decade), and the objects are already used in the inmates of the Civil Police Prison.

The Federal Court in São Paulo reported that, to date, there is no possibility of using electronic anklets. A tender was expected in April of this year for the acquisition of the product, but due to a budget cut that had occurred for the Federal Court, it had to be postponed. There are, at the moment, feasibility studies for a new tender dossier still for 2016.

SAP
In 2015, according to the state government’s annual report, electronic anklets were used in 9,390 people trapped in temporary exits(such as Mother’s Day, Easter, etc.). In addition, daily, 1,995 decedents were monitored when they left for work.

The Secretariat of Penitentiary Administration(SAP) of the state of São Paulo reported, however, that the previous contract was finalized in March this year and, currently, the electronic anklets are in the bidding process. With this, there is no monitoring, because there is no equipment at the moment. With the new bidding, the number of these objects available will be increased from 4.8 thousand to 7 thousand.

According to the Ministry of Justice and the National Penitentiary Department(Depen), the most recent data on the policy of electronic monitoring of persons in Brazil was done in July 2015. The report indicates that, in 2015, there were 4,200 monitored in the State of São Paulo, of which 2,500 in a semi-open regime in external work and 1,7 thousand in temporary exit.

SAP denied that there were technical problems with the anklets and reported that the contracts and terms of addition were renewed to the limit, hence the need for a new bid.

The company Spacecom, a member of the consortium that supplied the ankle bracelets to the São Paulo government, and which participates in the new bidding, also states that the contract reached the maximum term allowed by the bidding law. The company operates in 16 states and provides services to Federal Justice of the 4th Region(Paraná, Santa Catarina and Rio Grande do Sul). (AG)

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