Brazil regime crimes are above the law — for now

Rio de Janeiro — Few who know of Colonel Sebastiao Curio Rodrigues de Moura doubt that he was behind the disappearances of dozens of Brazilians.

 

In the 1970s, he commanded clandestine operations in the northern jungle, where leftist guerrillas and peasants were kidnapped, tortured and often never seen again. And yet, Curio, 77, has never had to go into hiding to duck the law. After battling leftists, he started a family in a small nearby town, Curionopolis, named after him. He served as its mayor — three times.

He has even spoken openly with the media about where the bodies of slain leftists are buried, and about the location of their final battles with the military. But his words, so far, have not been self-incriminating: Curio is protected by a national amnesty law. Now, federal prosecutors want him to face justice. For the first time, they want to bring criminal charges against a military official from Brazil’s 1964 to 1985 dictatorship. While neighboring countries have prosecuted officials for committing “dirty war” rights abuses, no army official from Brazil’s regime has faced charges. Last week, a judge refused to take the case on the grounds that it would violate the amnesty law. Passed in 1979, the law protects military members from facing dictatorship-era charges, in exchange for handing over governance to civilians.

Trying to reopen the debate on dictator-era crimes is mistaken, the court said in a statement, given that the amnesty law is a product of Brazil’s “great effort for national reconciliation.”    The courts’ lack of receptiveness to Curio’s case — as well as the indifference harbored by many Brazilians — could keep the amnesty intact. But Tiago Modesto Rabelo, the lead prosecutor pursuing Curio, says repealing the amnesty law, which covers crimes in a period of 1961 to 1979, isn’t their goal.

He and his colleagues argue that forced disappearances during the army’s battle with leftists — and efforts to hide the bodies since then — constitute a “permanent crime” that continues until today. “The intention is to understand that these crimes are permanent,” Modesto Rabelo said. The prosecutors say they are preparing to appeal the judge’s decision, in the hopes of filing five kidnapping counts against Curio for his involvement in Para. The United Nations has urged Brazil to let the charges be filed as a “first and crucial step” in fighting impunity. (globalpost)

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