Barbosa moves closer to the Inter-American Court of Human Rights.

247 - The defendants in Criminal Action 470, who were denied the right to a second instance of jurisdiction, still have one last hope: an appeal to the Inter-American Court of Human Rights (IACHR). Coincidence or not, the president of the IACHR was invited by Joaquim Barbosa to a solemn session at the Supreme Court. Read below the report from the Supreme Court's news agency:

Presidents Joaquim Barbosa and Garcia-Sayán speak about the Inter-American Court of Human Rights session in Brazil.

In a press conference held this Tuesday (22), the president of the Supreme Federal Court (STF), Minister Joaquim Barbosa, and the president of the Inter-American Court of Human Rights (IACHR), Diego Garcia-Sayán, announced the holding of the 49th Extraordinary Session of that Court, between November 11 and 15, in Brasília. In this session, the case of those who disappeared during the takeover of the Palace of Justice in Colombia by military forces in response to the action of the M19 political group, which occurred in November 1985, will be analyzed.

Invitation

A few months after assuming the Presidency of the Supreme Court and the National Council of Justice (CNJ), Minister Joaquim Barbosa invited President Diego Garcia-Sayán to hold an extraordinary session of the Inter-American Court on national territory. "The invitation reflected the importance that the Supreme Court of Brazil attaches to its institutional relationship with the most important judicial body of the Inter-American system, responsible for the interpretation and application of the American Convention on Human Rights (Pact of San José, Costa Rica) – of November 22, 1969 – ratified by Brazil in 1992," he emphasized.

The purpose of the invitation was to raise awareness of the jurisprudence and workings of the Inter-American Court and, thus, "strengthen the understanding among legal professionals in Brazil regarding the Inter-American mechanisms related to human rights." According to the president of the Supreme Court, the Court's role is limited, since it primarily acts in cases concerning the American Convention on Human Rights.

Signatories

Diego Garcia-Sayán stated that the Inter-American Court of Human Rights has been drawing closer to the peoples of the Americas, the true beneficiaries of its raison d'être. "This court belongs to the judicial systems of the Americas because it was created by the sovereign decision of American countries, including Brazil, so that it can complement the order of national institutions in the protection of human rights," he affirmed.

According to him, in recent years the Inter-American Court of Human Rights “has taken solid steps” towards its consolidation. “The amount of work is increasingly greater,” he said, highlighting that the Inter-American Court's rulings are being enforced by the countries within its jurisdiction. He also recalled that the Court issued its first ruling 25 years ago.

According to President Diego Garcia-Sayán, during the 49th Extraordinary Session, people will be able to observe how the court works. “Brazilians will be able to see the Court in action when we analyze a case from Colombia, in which three victims, three witnesses, and three experts will be heard,” he informed. The president of the Inter-American Court of Human Rights said he accepted the “generous invitation” for a session to be held in Brazil “because we are sure that this jurisprudential dialogue will be enriched.”

CourtIDH

Among the demands that reach the Inter-American Court of Human Rights are issues related to discrimination based on sexual orientation, lack of access to public information, property rights, and the rights of indigenous peoples. According to Diego Garcia-Sayán, human rights violations "are not presumed, they have to be demonstrated."

The president of the Inter-American Court took the opportunity to inform that the court has sought to guarantee the direct and autonomous participation of victims, "with the presentation of their own writings and their own evidence." To this end, it recently created the figure of the Inter-American defender for people who do not have legal representation. "There is a list of top-level lawyers from Latin America who provide their services pro bono," he said.

Garcia-Sayán further explained that there is a fund to support victims, helping to pay for travel expenses and ensure their participation in the sessions. "We seek to ensure that victims have increasingly direct access, because that is the true reason for the existence of a human rights system," she emphasized.

Also present at the press conference were the Federal Prosecutor for Citizens' Rights, Aurélio Veiga Rios – the Deputy Attorney General of the Republic designated to perform the function – and one of the seven judges of the Inter-American Court, the Brazilian Roberto de Figueiredo Caldas.

Agenda

The solemn opening session of the 49th Extraordinary Session of the Inter-American Court will take place on November 11th at 18 PM in the Plenary Hall of the Brazilian Supreme Court (STF). On the 12th and 13th, a hearing will be held regarding a case concerning Colombia. On the 14th, an international seminar is scheduled to take place in the auditorium of the Superior Electoral Court (TSE) to address various aspects of the jurisprudence and decisions of the Inter-American Court. Following this, on the 15th, the Inter-American Court will meet in closed session.