Today (Aug. 17, 2018), the UN Human Rights Committee granted the request for interim measures we filed as former President Luiz Inácio Lula da Silva’s attorneys, together with Geoffrey Robertson QC, on Jul. 25, 2018, and ordered the Brazilian Government to “take all necessary measures to ensure that the author [Lula] enjoy and exercise his political right while in prison, as candidate to the 2018 presidential elections, including appropriate access to the media and members of his political party; as well as not to prevent the author [Lula] from standing for election at the 2018 presidential elections, until the pending applications for review of his conviction have been completed in fair judicial proceedings and the conviction has become final.”
The decision acknowledges the breach of article 25 of UN Covenant on Civil and Political Rights and the irreparable damage to Lula in the attempt to prevent him from running the presidential election or to deny him unlimited access to the media or to his political allies during his campaign.
By means of Decree 6.949 / 2009, Brazil incorporated into the legal system the Optional Protocol recognizing the jurisdiction of the UN Human Rights Committee and the binding of its decisions.
Faced with this new decision, none of Brazil’s bodies can pose any obstacle against former President Lula running in the 2018 presidential elections until the decision on a fair proceeding becomes final and unappealable, and he shall also be granted unrestricted access to the media and to his political allies during the campaign.
Valeska Teixeira Zanin Martins
Cristiano Zanin Martins