For the Inter-American Court of Human Rights, the Herzog case met the requirements of the crime against humanity, which extinguishes the possibilities of prescription and amnesty of torturers and murderers. The public prosecutor, Sergio Suiama, who was expert of the IACHR in the badessment of the Herzog case, said that the political repression in Brazil consisted of a systematic and widespread attack against the population and that this was confirmed by the
"[A conclusão é que] the crimes committed by the agents of the Brazilian military dictatorship were not ordinary crimes, they were crimes against humanity", has said the prosecutor. He explained that the status of a crime against humanity – or a crime against humanity – has two main legal consequences: the non-prescription and the non-susceptibility of such crimes with amnesty.
Application in other cases
The director of Cejil, Beatriz Affonso. "
" In other cases [de crimes durante a ditadura] which have already been denounced by the public prosecutor [Federal] the characteristics of the crime against humanity are repeated. The decision of the Court is not limited to the case Herzog, that is why she speaks of the context of the crime against humanity. In other words, he understands that all the violations committed by the military and civilians at the request of the military dictatorship, from 1964 to 1985, occurred in the context of a crime against the military. ;humanity. "
Beatriz pointed out that, which is widely used to impede investigations and bring to society the truth about the crimes of dictatorship, and the prescription are two institutes that should no longer be considered because the crimes that have occurred place during the dictatorship in Brazil were in the context
Up to now, the MPF has proposed 36 criminal actions that deal with the crimes of repression committed during the dictatorship in the districts of Rio de Janeiro. , Marabá (Pará), Tocantins, Rio Verde (Goiás) and Florianópolis In the actions, 50 agents of the dictatorship were denounced.
According to the MPF, the 36 criminal actions are based on testimonial and documentary evidence, which demonstrate not only the occurrence of crime, concealment of a corpse, murder, abduction,
According to the public prosecutor Marlon Weichert, who testified before the Inter-American court in the Herzog case, the Nuremberg (Germany) trial, held after the Second World War to try war crimes and crimes against humanity, international law "has consolidated understanding that these crimes , which are the most serious, that the international community does not admit, can not go unpunished. And that no national law, no country can approve a law that leaves these crimes unpunished, rules of amnesty. Internal obstacles give way to the gravity of these crimes. "
Weichert added that the amnesty law in Brazil is invalidated following the Inter-American Court's decision to clbadify crime against humanity." The Brazilian State, all the organs of the Brazilian state, the public prosecutor's office, the police, the judiciary as well as the legislature and the executive must implement this decision of the Inter-American Court, "said the prosecutor, referring to all acts of repression
The prosecutor recalled that the courts blocked the actions of the crimes that took place during the dictatorship, using, in particular, the arguments of ADPF 153 (Direito Fundamental's Discretionary Argument 153), in which the Federal Supreme Court objected to the revision of the Amnesty Law. "Weichert stressed the importance of the decision of the International Court, which" re-evaluated all the law ". case and raised a level of argumentation: before the Court speaks of serious violations of human rights, now expressly describes the crimes practiced by the Brazilian repression. crimes against humanity. "
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