MercoPress. South Atlantic News Agency

Brazilian cabinet divided over taking military torturers to trial

Neslon Jobim, Defence minister argues that under Brazilian law torture crimes have “prescribed”

Taking to trial those responsible for human rights abuses during the military dictatorship that ruled Brazil from 1964 to 1985 has divided the administration of President Lula da Silva, particularly some of its most influential ministers, according to the Sao Paulo press.

Nelson Jobim, Minister of Defence and a former member of the Supreme Federal Tribunal is contrary to a modification of the 1979 Amnesty Law which would open the way to take to trial torturers, has argued that repealing that bill “does not have retroactive effects”.

In an interview with the Folha de Sao Paulo, Jobim said that crimes committed during the dictatorship have “already prescribed” and the international treaties on human rights who favour opening legal procedures, “are not above the Brazilian constitution”.

“I sincerely believe that the Amnesty Law solved a problem of gradual transition for common law and it’s a bill that has been exhausted since it accomplished its purpose” insisted Jobim who just a few months ago described the initiative as “an act of revenge”.

However Brazil’s Lawyers Association, OAB, presented an appeal to the Supreme Federal Tribunal requesting a modification of the law so as to begin legal actions against the dictatorship oppressors involved in torture and rape.

Over the weekend Minister of Justice Tarso Genro was quoted in Rio do Janeiro saying that all torturers must face legal actions because their crimes are “imprescriptible” (crimes against humanity) and are not included in the amnesty laws.

“Torture is an imprescriptible crime and with no possible amnesty. Taking those cases to court is not revenge but rather an act of justice and respect for human rights which embodies the continuity of the country’s democratic process”, said Minister Genro during a ceremony to commemorate the 30th anniversary of the Amnesty Law.

Taking torturers to justice will contribute to “never again torture in Brazil, be it against political prisoners or against common prisoners which are still routinely tortured”, said Minister Genro.

The controversial Amnesty Law was promulgated in 1979 by the military regime which ruled Brazil for 21 years.

The issue has regained force because of recent disclosures of United States documents revealing the close relationship between then former president Richard Nixon administration and the Brazilian military regime. The two collaborated and coordinated illegal actions in neighbouring countries such as Chile, Bolivia and Uruguay.

In Chile, according to minutes taken at the time by US presidential advisor Henry Kissinger, presidents Nixon and General Garrastasú Medici coordinated actions and exchanged intelligence on how to overthrow elected Socialist president Salvador Allende (finally cristalyzed in 1973), following on the actions taken to oust elected Brazilian president Joao Goulart in 1964.