Judge Suspends Bolsonaro’s Decree to Fire Elected Anti-Torture Group Members

RIO DE JANEIRO, BRAZIL – The Rio de Janeiro court has suspended president Jair Bolsonaro’s decree extinguishing the functions of the National Prevention and Fight Against Torture group, linked to the Ministry of Women, Family and Human Rights.

The preliminary decision was signed by Judge Osair Victor de Oliveira Jr., of the 6th District Court  of Rio de Janeiro.

It says that “it is not difficult to determine the clear illegality of the decree at issue, since the dismissal of experts would only be admissible in cases of a final criminal conviction, or disciplinary proceedings, in accordance with Laws Nos. 8.112, of December 11th, 1990, and 8.429, of June 2, 1992, which already justifies granting the request for the reintegration of experts in the positions formerly occupied, until the end of their respective mandates.”

Regarding remuneration, the judge added: “It shall be maintained, taking into account the principle of the administration being bound to the convening instrument. As the expert selection is governed by a selection process provided for in the Final Tender Protocol of the National Prevention and Fight Against Torture Committee, the administration is bound to the provision on remuneration established therein”.

The decision further notes that “the risk of delay, in this case, arises from the possible depletion of a body established not only to comply with international obligations but also as a means to safeguard the fundamental right that no one shall be submitted to torture or to inhuman or degrading treatment.”

The eleven experts are appointed by the president for a fixed term of three years. Presidential Decree No. 9.831 of June 10, 2019, transferred the positions established by law to the Ministry of Economy and dismissed the elected professionals, impeding the operation of the National Prevention and Fight Against Torture Committee.

The body was established by Law 12.847/13, in compliance with the obligations undertaken by the Brazilian government in the Optional Protocol to the UN Convention against Torture in 2006, which provides for regular visits by independent national and international organizations to locations suspected of committing torture or other degrading practices against people.

Two public civil actions have been brought against the decree: one by the Federal Prosecutor’s Office (MPF) in the Federal District, and another by the Federal Public Defender’s Office (DPU) in Rio de Janeiro. In July, the MPF/RJ’s Regional Attorney’s Office for Citizen’s Rights joined the public civil action proposed by the DPU as plaintiff.

Jair Bolsonaro’s decision, to dismiss the entire team of the National Mechanism to Prevent and Combat Torture (MNPCT in Portuguese), would have had devastating effects on Brazil’s human rights situation say non-governmental entities and experts.

“The decree represents a direct retaliation for the complaints filed by the Mechanism. We have pointed out the systematic torture which is occurring in Brazil, not only now but for the past few years,” Daniel Melo, one of the coordinators of the MNPCT fired on Tuesday by president Bolsonaro, told The Rio Times in a telephone interview.