On this date (Nov. 17, 2016), we and attorney Geoffrey Robertson (Queen’s Council) filed a letter before the Office of the United Nations High Commissioner for Human Rights updating and reinforcing the Individual Communication filed last July on behalf of former President Luiz Inacio Lula da Silva. In that occasion, the various violations to the Covenant on Civil and Political Rights, which is adopted by the UN, committed by the public agents working in Operation Car Wash against Lula were listed. Said Covenant ensures, among other things: (a) protection against arbitrary arrest or detention (Article 9); (b) the right to be presumed innocent until proven guilty according to law (Article 14); (c) protection against arbitrary or unlawful interference with one’s privacy, family, home or correspondence, and against unlawful attacks on one’s honor and reputation (Article 17); and, also, (d) the right to an impartial and independent court (Article 14).
Today, we informed the UN that Operation Car Wash continues to violate the Covenant’s provisions regarding Lula. We reinforce that there is not one efficient legal remedy available in Brazil to stop the violations to the above-mentioned Covenant provisions as well as abuse of authority, quoting a decision issued by the Federal Regional Court of the 4th Circuit that excused Operation Car Wash from following the “general rules” (Administrative Action SPECIAL COURT no. 0003021-32.2016.4.04.8000/RS).
We also mentioned the fact that Judge Sergio Moro has scheduled for next week (Nov. 21, 2016) to open the trial of a criminal action against Lula (Criminal Action no. 5046512-94.2016.4.04.7000) and at this point there is no efficient legal measure to ensure Lula an independent and impartial court. It is important that the UN Human Rights Committee is aware that Lula’s fundamental guarantees continue to be violated and that his trial will begin next week presided over by a judge who has clearly lost his impartiality.”
Valeska Teixeira Z. Martins
Cristiano Zanin Martins