Dirty Wars and Democracy

By Jan Roch, BBC, Sao Paulo, Oct. 27, 2009

Twenty four years after the military left power in Brazil, the government is to create a Truth Commission to investigate crimes committed by the security forces between 1964 and 1985.

Brazil is the only country in Latin America which has not investigated deaths, disappearances and torture which took place during its dictatorship, or put alleged perpetrators on trial.

Although the number of victims is far smaller than those who died during military rule in neighbouring Argentina and Chile, nearly 500 people were killed or disappeared in Brazil. Thousands more were tortured, exiled or deprived of their political rights.

All attempts to bring people to justice have foundered on the blanket provisions of the 1979 Amnesty Law.

This not only authorised the release of political prisoners and the return of exiled opponents, but amnestied all political crimes and “connected crimes”, which was understood to mean torture.

Now, just a year before he leaves office, President Luiz Inacio Lula da Silva has decided to set up a commission to investigate crimes committed during the dictatorship. Several of his ministers were themselves arrested and tortured by the military.

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Time.com – February 19, 2009: By Patrick Leahy

This Abu Ghraib detainee was reportedly threatened with electrocution if he fell (AP).

More than 30 years ago, a special Senate investigation peered into abuses that included spying on the American people by their own government.

The findings by Senator Frank Church’s committee, drawn from testimony spanning 800 witnesses and thousands of pages of government documents, revealed how powerful government surveillance tools were misused against the American people. For instance, the FBI’s COINTELPRO operation spent more than two decades searching in vain for communist influence in the NAACP and infiltrated domestic groups that, for example, advocated for women’s rights. The Church committee’s work led to creation of the Senate Select Committee on Intelligence and later to the Foreign Intelligence Surveillance Act–reforms that largely held until the Bush years. (See George W. Bush’s biggest economic mistakes.)

The parallels with today are clear, and so are the lessons. Then, as in recent years, some were willing, in the name of security, to trade away the people’s rights as if they were written in sand, not stone. For much of this decade, we have read about and witnessed such abuses as the scandal at Abu Ghraib, the disclosure of torture memos and the revelations about the warrantless surveillance of Americans.

So what is to be done about the abuses of the Bush years? Some say do nothing, and a few Senators even tried to make Attorney General Eric Holder promise in his confirmation hearings to launch no prosecutions for Bush-era lawbreaking. At the opposite end of the spectrum, others say that even if it takes many years and divides the country and distracts from the urgent priority of fixing the economy, we must prosecute Bush Administration officials to lay down a marker. The courts are already considering congressional subpoenas that were issued earlier as well as claims of privilege and legal immunities. Those cases will stretch out for some time, as would prosecutions–taking even a decade or longer. Moreover, it is easier for prosecutors to net those far down the ladder than those at the top, who set the tone and the policies.

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