Inter-American Commission and Court join debate in Brazil

The Inter-American Commission and Court of Human Rights in Brazil, both agencies of the Organization of American States (OAS), have participated in a Meeting of the Military Justice on Monday (Feb. 9), which discussed the relevance of the Inter-American system and their achievements in OAS member countries. The “Maria da Penha” Act against battery of women and precautionary measures taken to address the serious human rights violations at the Pedrinhas prison in the state of Maranhão, are a few examples of the efforts of the two international agencies in Brazil.

Felipe González, deputy chairman of the Inter-American Commission, was among the speakers. He mentioned notable cases and pointed out Brazil has tried to deal with any issues within the Commission before they get to the Court. “The State has been making every effort to settling issues with plaintiffs before they grow into litigation in the Court. And we do hope [Brazil] keeps advancing in a number of relevant cases including forced labor, police brutality, and other matters,” he said.

Talking about poor prison conditions, González said it is a common issue in Latin America and Brazil. “This is a serious problem and the Inter-American Commission and Court have taken a number of precautionary measures to protect the inmates on an emergency basis. While progress has been made […] other cases are still emerging”. Brazil will have to report to the Court on the steps it its taking to deal with the case in Pedrinhas.

Patrícia Rosset, lawyer and legal counsel for the Legislative Assembly of São Paulo, said the use of plea bargaining in Brazil has been instrumental in solving legal cases. “This is a new and helpful legal tool that we are learning to use. But we are still discussing how it could interfere with the right to fair defense.” In her view, discussing witness anonymity could also contribute towards the use of plea bargaining in Brazil appropriately and reasonably.

Another topic in the agenda was separating civilian from military trials between military and civilian courts. According to Inter-American Court Judge Diego Sayán, decisions made within the Court have led to this distinction in countries under its jurisdiction. In his opinion, this division is widely accepted in Latin America, and this understanding avoids impairing trials on either system.

According to him, advancing democracy in the sense of having civilians tried by ordinary courts does not mean impunity for civilians at all, and special courts provide all reasonable guarantees to ensure convictions are definitive and sound. There is also a Military Justice where defendants have their full rights but with special criteria and aspects concerning military discipline and order.

Translated by Mayra Borges