The Arns Commission and the IDDD denounce the dismantling of the agency against torture to the PGR
28 Jun 2019, 9:10
On June 26, the International Day in Support of Victims of Torture, the Arns Commission and the Institute for Defense of the Right to Defense (Instituto de Defesa do Direito de Defesa – IDDD, in Portuguese) filed a representation to the Prosecutor General's Office of the Republic (Procuradoria Geral da República – PGR, in Portuguese) denouncing the dissolution of the National Mechanism for the Prevention and Combat of Torture (Mecanismo Nacional de Prevenção e Combate à Tortura – MNPCT, in Portuguese), the main anti-torture body in the country. The aforementioned organizations also demand the reinstatement of the 11 experts of the body who were dismissed by means of a decree published by President Jair Bolsonaro on June 10.
The members of the Mechanism, which was created by Law No. 12,847/2013, have unrestricted and without prior notice access to places of deprivation of liberty in order to curb and investigate the practice of torture. Its existence is in response to at least six international treaties and protocols ratified by Brazil, such as the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.
Decree No. 9,831, published earlier this month by the Planalto Palace (the official workplace of the President of the Republic), determined, among other things, the dismissal of all the experts who had already been appointed and established that the new experts – whose appointment will have to be sanctioned by the president – will not be remunerated for their services.
In the document sent to Prosecutor General, Raquel Dodge, the entities claim that the lack of remuneration is incompatible with the nature of the work, which requires full dedication, independence, and autonomy. They also point out that torture is a serious problem in Brazil and that the changes imposed by Bolsonaro call into question the country's capability of complying with international standards.
“The new format given to the body by Decree No. 9,831/2019, besides being illegal and unconstitutional, seems to direct the body to its emptying, since it makes it virtually impossible for its legal attributions to be carried out efficiently by experts who perform activities of relevant public service only”, states an excerpt of the document.
For the IDDD and the Arns Commission, the dismissal of the experts by the president violates the law that created the National System for the Prevention and Combat of Torture, which guarantees the experts full compliance with their mandates and provides for impediment only in cases of criminal convictions or disciplinary proceedings.
The representation also points out that the Federal Prosecutor's Office for the Rights of the Citizen, which is linked to the Prosecutor General’s Office (PGR), even published an official opinion favorable to the creation of a body along the lines of the National Mechanism in the state of São Paulo. The draft bill approved by the São Paulo Legislative Assembly in December 2018 was fully vetoed by Governor João Dória in January of this year.