Murder Trial of Brazilian Congressman During Dictatorship Is Reopened

09/11/2014 - 09h22

The state of Rio de Janeiro's Federal Regional Court decided unanimously to reopen the trial that investigate the death and disappearance of Congressman Rubens Paiva, which took place in January 1971.

For the first time in its history, the Brazilian Legal system concluded that crimes perpetrated by military servicemen during the Brazilian dictatorship (1964-1985) are crimes against humanity.

"Crimes committed against humanity cannot be included under Amnesty Law", attorney Silvana Batini said.

The three votes cast in favor of the lawsuit dismissed allegations put forward by the servicemen that the statute of limitations on the crimes has expired and that the servicemen cannot be judged under Amnesty Law.

The lawsuit had been at a standstill since a writ for habeas corpus was filed by the five servicemen charged with murder and hiding the body of the former Congressman.

The servicemen asked for pardon and claimed that the Brazilian Federal Justice System is unfit to carry out this trial.

The servicemen have been charged by the Prosecution Office for murder, hiding a body, criminal association and procedural fraud. The defense will appeal.

The trial has been suspended by rapporteur Mesood Azulay, until a decision is reached through the habeas corpus. The trial will go through Federal Justice once the final decision is made.

Rubens Paiva's family celebrated the News: "We have waited 43 years for this. We would like to see these people tried", Paiva's daughter Vera Silva Paiva, said.

On May 26th, Rio's Regional Federal Court heard the claim that Rubens Paiva had been tortured and murdered inside the Department for Information Operations (DOI, in the Brazilian acronym) in Rio de Janeiro.

General José Antônio Nogueira Belham, the former commander of DOI and Rubens Paim Sampaio, a former member of the Army's Information Center, were charged with murder. Their sentences may add up to 37 years in prison.

Raymundo Ronaldo Campos, a reformed colonel, alongside brothers Jurandy and Jaci Ochsendorf e Souza are charged with hiding a body, procedural fraud and armed criminal association. Their convictions may add up to 10 years in prison.

The Prosecution Office suggests the servicemen stop receiving retirement payments and urge the military forces to remove any medals or honors awarded throughout careers.

Translated by CRISTIANE COSTA LIMA

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	Reprodução
	Rio de Janeiro's Federal Regional Court decided to reopen the trial that investigate the death and disappearance of Rubens Paiva