Doctor indicted for sexual abuse against patients has prison upheld

Judge Mariana de Tavares Shu, from the Custody Hearing Center (Ceac), upheld today (17) the arrest of anesthesiologist Andres Eduardo Oñate Carrillo, 32 years old, accused of rape of a vulnerable person during a surgical procedure on patients admitted to hospitals and libidinous acts involving minors. The doctor, who is Colombian, was arrested yesterday (16) in his apartment, in Barra da Tijuca.

The temporary arrest warrant was issued by the judgment of the 31st Criminal Court of the Capital and is within the validity period.

According to the judge, if the arrest warrant is valid and the decision that gave rise to its issuance is unchanged, it is not up to the judgment of the Custody Hearing Center to assess the defensive request for relaxation, freedom or replacement of imprisonment by another measure, under penalty of usurpation of competence. The magistrate explained that it is up to Ceac to assess the regularity of the arrest and the validity of the warrant, in addition to determining the investigation of possible state abuse in the prison act.

Mariana de Tavares Shu determined that the doctor undergo a new forensic examination, because of marks caused by the use of handcuffs. The prisoner told the judge that, when he was arrested, the handcuffs were tightened a lot and that he had marks on his arm. According to the doctor, the policeman refused to loosen the handcuffs, saying that he would only do so after the statement had been taken.

The judge responded to the request of the defense lawyer, Mauro Fernandes da Silva, and asked for a new forensic examination, since the prisoner did not mention the tight handcuffs in the previous examination. In the decision, Mariana Shu also determined that Andres be sent for medical care, as he takes prescription drugs, and that a letter be sent to the Consulate of Colombia communicating his arrest. The judge also ordered the Department of Penitentiary Administration to safeguard the prisoner in a place that could guarantee his physical integrity.

Translated to english by RJ983

From Brazil, by EBC News

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