PRESS RELEASE

For Immediate Release: Friday October 21, 2016

For More Information: Ana Farinello (91) 9005297139, ana_farinello@yahoo.com.br

Brazilian man victim of an inept Indian justice system

NEW DELHI--(October 21st, 2016)Brazilian man Dante Farinello Cardoso has been
languishing in an Indian Jail due to a dysfunctional and overworked Indian justice system.
Mr Cardoso, age 43, was crossing the boarder from India to Nepal on September 11th 2014 when it was
discovered that the visa he was travelling with was forged.
Mr Cardoso has acquired his visa in trust through a middleman offering his services, rather than going
through the proper channels of applying directly in an Indian high commission. As a great lover of Indian life
and culture he made the wrong judgment by seeking this way to extend his stay in India. he paid a heavy price
for his action when it was discovered, much to his surprise, that the visa he was travelling with, in fact was
not genuine.
What transpired afterwards was a comedy or more so a tragedy of errors from a confused and overworked
Indian Justice system, that has not awarded Mr Cardoso his fair day in court.
All the trial took place in Hindi with no translators, thus rendering the trial null and void, since the defendant
had no way of knowing what was taking place and had no way of defending himself properly. He had to sign
papers without knowing what he was signing and was a mere spectator during the court proceedings.
The defendant and his accompanying sister had not been granted a translation to Portuguese, their native
language, and thus had no clue of what was happening in the courtroom and naturally could not rebuff any of
the allegations.
The lower court awarded a 5-year sentence to Mr Cardoso, which was totally excessive in relation to a crime
that really never took place, apart from a poor judgment of the defended when getting his Indian visa.
Upon appeal, the low court transferred the case to the high court, where a new accusation came that the
defendant used a forged Brazilian passport and this is the reason for the longer than usual sentence. This

accusation has been totally refuted by officials from the Brazilian embassy in Delhi. And the assertion by the
high court that the Brazilian embassy asserted that his passport is false was completelly fabricated.
(Documentation attached).
In British common law which Indian criminal is based upon, the onus is on the persecution to prove the
defendant guilty. Here the defendant was asked to prove his innocence which is not the way law works.
Unfortunately, as we all know, the justice system in India is overworked, way beyond its limits.
Mr Cardoso had been in jail for 25 months. In reality his detention is illegal and by the judgment of the high
court, based on false or no evidence.
We are asking for immediate release of Mr Cardoso on bail, until his lawyer can complete the proceedings in
the Supreme Court and the case is closed.
Ms Ana Paula Farinello Cardoso the sister of Mr Cardoso, is currently in India and is available for follow up
discussions and interviews on the case. Please do no hesitate to request any supporting documents such as
confirmation from the Brazilian embassy on validity of the passport.
Some previous Press:
http://www.livelaw.in/brazilian-lady-approaches-sc-seeking-release-brotherread-petition/
http://indiatoday.intoday.in/story/brazilian-convict-fails-to-understand-histrial-in-hindi-moves-sc/1/758305.html

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