Lawyers publish open letter denouncing Operation Car Wash
Federal Police officers serve search and seizure warrants at the headquarters of construction contractor Odebrecht in Rio de Janeiro as part of stage 14 of Operation Car Wash
An open letter signed by more than a hundred lawyers was published Friday (Jan. 15) in several Brazilian newspapers denouncing the proceedings under the Federal Police's massive anti-corruption case, Operation Car Wash. It opened by saying the operation stands out in the country's history as an appalling instance of “violation of basic rights of the accused.”
“Never was there a criminal case with such widespread violations of the basic standards of due process toward so many defendants and so systematically,” the lawyers said. They invoked principles as the presumption of innocence, decrying the misuse of pretrial detention and selective leaking of records and information.
They cite documents being withheld from the defense, and exposure of defendants to public scorn, as well as violation of legal counsel rights and other flaws that they say are becoming trademark in the case, “with disastrous consequences for the present and the future of Brazil's criminal enforcement.”
The lawyers went on to criticize what they described as an “inquisition” where the outcomes are known before the proceedings begin, with the legal steps being followed merely for formal compliance.
Pre-trial arrests were condemned as being misused to force defense into plea bargain agreements. Without naming anyone specifically, the lawyers said the proceedings are being conducted in a biased way.
Antonio Carlos de Almeida Castro, one of the lawyers who signed the letter, told Agência Brasil that many lawyers are worried about the situation and the manifesto is meant to raise public concern. “We've decided to come out publicly and raise awareness of this situation, so other lawyers and the law enforcement system, but also the people, the citizens can think about that,” he said.
João Ricardo Costa, chair of the Brazilian Judges' Association (AMB), said he sees the lawyers' move as a way to put pressure on courts and law enforcement. “We understand that this letter is more a reflection of the personal interests of the players in the case and the defense counsel than genuine public interest,” he said. In his view, allegations about violations of the defendants' rights, non-compliance with procedural standards and judge bias are an attempt to discredit the investigations.
In a statement, the Brazilian Federal Judges' Association (AJUFE) said “Operation Car Wash is the outcome of a long, gradual maturation of Brazil's republican establishment, which will not yield to economic interests.” The note went on to say the federal courts are doing a “fair and exemplary” job and are not giving “favorable treatment to defendants who can afford to hire some of the country's most powerful lawyers”.
The association went on to note that in addition to endorsement by a lower federal court judge, most Operation Car Wash proceedings are also upheld by appellate and higher courts.
Moreover, AJUFE said, lawyers are free to “seek remedy from the courts” whenever they feel the defendant's rights have been violated, and where there is evidence of procedural flaws or mistakes, “it is expected that these be indicated to the court so the proceedings can be adjusted as appropriate.”
Careful investigations, solid evidence
The National Association of Federal Prosecutors (ANPR) also responded to the lawyers' manifesto with a statement saying the prosecutors' and Federal Police's investigations are “conducted carefully and are leading to solid evidence.”
It hailed plea bargain deals as “a legal tool rightfully used by defense that upholds the criminal procedure standards of searching the truth beyond reasonable doubt.”
According to the ANPR, the operation meets the “grievances of a society that is sick and tired of the culture of impunity when it comes to corruption and organized crime” and “when criminal law expands its audience and finally gets to people traditionally regarded to be beyond reach, criticism of the court system is no surprise.”
Works of art seized under Operation Car Wash
The efforts of the Federal Prosecutors' Office (MPF), according to the note, have resulted in rulings for arrest, asset freezing, and cash returns to public coffers that have been upheld from the lower courts all the way up through the court of last resort, in expert, unbiased, and transparent trials, in full accordance with fair hearing and due process standards.”
Finally, the prosecutors said there is no evidence that the MPF “is leaking information inappropriately, as this is not part of a Federal Prosecutors' practice.”
Translated by Mayra Borges
Fonte: Lawyers publish open letter denouncing Operation Car Wash
