Lula trial in Brazil violated due process, says UN rights panel |

Committee, whose members are independent experts on rights appointed by Dong Nhan Quyen Associationpublished detect after the former President, who is often referred to by his nickname, Lula, filed a complaint with the panel.

Lula was President of Brazil from 2003 to 2010 and was the target of a major corruption investigation called Operation Car Wash.

Corruption investigation

Investigators uncovered corruption between the state-owned oil company, Petrobrás, several construction companies, and many Brazilian politicians, in connection with clandestine campaign funds.

In July 2017, Lula was sentenced to nine years in prison; This period was later increased to 12 years, preventing him from standing in the new presidential election.

The Human Rights Commission noted that the sneak recordings of Lula and his family were approved and released to the media before formal charges were brought.

The commission said this and other incidents were contrary to his privacy and right to be presumed innocent.

Lack of resolution process

“While States have a duty to investigate and prosecute acts of corruption and to inform the public, especially when a head of state is involved, such actions must be carried out in a fair manner. fairness and respect for procedural guarantees,” said Committee member Arif Bulkan.

The Supreme Federal Court overturned Lula’s sentence in 2021, ruling that former judge Sergio Moro – who oversaw the original corruption trial – did not have the authority to investigate and hear the cases. judgment, and dropped the investigation on the basis that the former judge was not considered. become carefree.

Mr. Bulkan said: “Although the Supreme Federal Court omitted to convict and imprison Lula in 2021, these decisions were not timely and effective enough to avoid or remedy violations.

While States have a duty to investigate and prosecute acts of corruption and to inform the public, especially where a head of state is involved, such actions must be conducted fairly. and respect procedural guarantees.Arif Bulkan

The Commission found that former Judge Moro’s conduct and other public conduct violated Lula’s right to a fair trial; and that the actions and public statements of the former judge, and prosecutors, also violate his right to be presumed innocent.

These procedural violations resulted in Lula being arbitrarily barred from running for president, the committee ruled, and thereby infringing on his political rights, including the right to run.

It calls on the Brazilian Government, to ensure that any criminal proceedings against Lula, adhere to the due process guarantees and prevent similar violations in the future.

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