Brazil's top court rules against da Silva on prison

Agencies
April 5, 2018

Rio De Janeiro, Apr 5: A sharply divided top court voted early Thursday to reject an attempt by former Brazilian President Luiz Inacio da Silva to stay out of jail while he appeals a corruption conviction, delivering a hard blow to the front-running candidate in this year's presidential election in Latin America's largest nation.

After nearly 11 hours of often heated debate, the Supreme Federal Tribunal voted 6-5 to deny da Silva's request to stave off a 12-year prison sentence while he fights a conviction that he has always argued was nothing more than a ploy to keep him off of the October ballot.

Despite the conviction and several other corruption charges against him, da Silva leads all preference polls for the election.

The decision means that da Silva will likely be jailed soon, though probably not until at least next week thanks to various technicalities.

Chief Justice Carmen Lucia, who was sharply criticized during the session by various colleagues, cast the deciding vote after the court was tied at 5 to 5.

"The constitution secures individual rights, which are fundamental to democracy, but it also assures the exercise of criminal law," she said.

The debate at the Supreme Federal Tribunal underscored how fraught the matter is at a time of high tension and angst in Brazil.

Justice Gilmar Mendes, traditionally a critic of da Silva, voted in favor of da Silva's petition to stay out of jail, challenging his colleagues to buck pressure from society.

"If a court bows (to pressure), it might as well not exist," said Mendes.

Justice Luis Roberto Barroso argued that the integrity of the justice system was at stake.

"A penal system that doesn't work with minimal effectiveness leads to an instinct for taking justice into one's own hands," Barroso said in voting against da Silva.

Justice Rosa Weber, who legal analysts had said could be key because there was much doubt about her position on the matter, voted against da Silva.

In one of several brisk exchanges, after Weber's vote, justice Marco Aurelio Mello accused Lucia of plotting against da Silva's case. Mello said limiting the vote just to the habeas corpus petition and not the larger question of when a convicted person should be forced to begin serving a sentence helped sway Weber's vote.

"I want this to be registered in the court's records," Mello told Lucia, who responded by saying "yes" to the request.

The session reflected the debate happening across Brazil as millions tuned into the televised session. When the decision was delivered, fireworks and yells could be heard and seen in Rio de Janeiro and Sao Paulo, two of the nation's most important cities.

On the eve of the session that began Wednesday afternoon, the country's army commander raised eyebrows and was widely celebrated and condemned online with tweets subtly supporting da Silva's incarceration.

Gen. Eduardo Villas Boas posted two tweets Tuesday night that many interpreted as a form of pressure on the 11 justices on the Supreme Federal Tribunal and a veiled threat of intervention. Such concerns are taken seriously in a country that experienced a 1964-1985 military dictatorship.

"In Brazil's current situation, it's worth asking our institutions and the people who is really thinking about what is best for the country and future generations, and who is only worried about their personal interests?" the general wrote in one tweet.

In a second tweet, Boas wrote that he shared people's anxiousness and "repudiated impunity."

O Globo, one of the country's leading newspapers, criticized the comments, saying in an editorial that a military chief should "not be opining over judicial and political questions."

In a statement to O Globo, Gen. Joaquim Silva e Luna, the defense minister, said Boas' intention was to assure people that force would not be used.

Da Silva, who was once wildly popular after his two terms as president from 2003 to 2010, has become a polarizing figure amid a massive corruption scandal that has roiled Brazil the last several years and made average citizens furious with the political class.

Da Silva was convicted last year of helping a construction company get sweetheart contracts in exchange for the promise of a beachfront apartment. The conviction was handed down by Judge Sergio Moro, who is presiding over cases involving the mammoth "Car Wash" investigation.

The former president suffered another blow in January, when an appeals court upheld the conviction. The three reviewing magistrates even lengthened the sentence to 12 years and one month.

While da Silva, known simply as "Lula" to Brazilians, has further appeals available, he could be forced under Brazilian law to begin serving his sentence, which Moro and the other judges have ordered.

Da Silva's lawyers argued their client has a constitutional right to stay out of jail until all appeals are exhausted.

In an unrelated case in 2016, the Supreme Federal Tribunal disagreed with that logic, ruling that a convict could start serving a sentence after a first appeal was denied.

Throughout all the legal battles, da Silva has been campaigning nationwide, criticizing detractors and promising not to give up. Last week, while campaigning in the southern state of Parana, where Moro convicted him, two buses in his caravan where hit with bullets. Nobody was hurt.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
May 20,2020

Washington, May 20: Once dubbed as historic by him, US President Donald Trump on Tuesday said he now feels ‘differently’ about the trade deal he signed with China earlier this year.

He said this while once again venting out his frustration with the Beijing leadership, accusing it of letting coronavirus spread.

Till Tuesday, over 92,000 Americans have died and 1.5 million tested positive for coronavirus that has globally killed around 320,000 people.

The US and China had signed a deal in January to end their 22-month-long trade war during which the two countries slapped tit-for-tat tariff hikes on products worth nearly half a trillion USD.

Under it, Beijing agreed to increase its purchase of US goods by USD 200 billion in 2020-2021.

“I feel differently now about that deal than I did three months ago,” Trump told reporters during a Cabinet meeting at the White House.

“We will see what all happens, but it's been a very disappointing situation. A very disappointing thing happened with China because the plague flowed in and that wasn't supposed to happen and it could have been stopped," he said.

Trump said he was very excited when the trade deal with China was signed.

“But once the virus came in, once the plague, as I called it, came in, I said how did they let that happen? And how come it didn't go into other sections of China? Why did they block it from leaving Wuhan? But they didn't block it from going to the rest of the world, including the United States. Why is that? Beijing doesn't have it. Other places don't have it,” he said.

Trump did not respond to questions on retaliation against China.

Meanwhile, top American senators continued to press the administration that rules of engagement with China needs to change post-coronavirus.

“As we know, they unleashed this virus on America and the world with their classic communist cover-up, deception, continued propaganda campaign, costing now over 90,000 American lives, 35 million Americans losing their jobs so far,” Senator Martha McSally said during a Congressional hearing.

“We don’t know who patient zero is, they destroyed samples, they silenced doctors, they kicked out journalists, they impacted international travel to seed this and their reckless behaviour continues to be the root of all this,” she said.

As a result of coronavirus, the American economy has been thrown into recession; more than 36 million people have lost their job – the worst ever after last century’s great depression.

Many of the US states have now started opening up, after taking necessary precautions.

By conservative estimates, it will take several quarters for the economy to be back on track.

Trump in the last a few weeks has exuded confidence that the economy will be back on track next year.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
July 11,2020

Istanbul, Jul 11: Turkish President Recep Tayyip Erdogan announced Friday that the Hagia Sophia, one of the architectural wonders of the world, would be reopened for Muslim worship, sparking fury in the Christian community and neighbouring Greece.

His declaration came after a top Turkish court revoked the sixth-century Byzantine monument's status as a museum, clearing the way for it to be turned back into a mosque.

The UNESCO World Heritage site in historic Istanbul, a magnet for tourists worldwide, was first constructed as a cathedral in the Christian Byzantine Empire but was converted into a mosque after the Ottoman conquest of Constantinople in 1453.

The Council of State, Turkey's highest administrative court, unanimously cancelled a 1934 cabinet decision to turn it into a museum and said Hagia Sophia was registered as a mosque in its property deeds.

The landmark ruling could inflame tensions not just with the West and Turkey's historic foe Greece but also Russia, with which Erdogan has forged an increasingly close partnership in recent years.

'Millions of Christians not heard'

Greece swiftly branded the move by Muslim-majority Turkey an "open provocation to the civilised world".

"The nationalism displayed by Erdogan... takes his country back six centuries," Culture Minister Lina Mendoni said in a statement.

The Russian Orthodox Church was equally scathing.

"The concern of millions of Christians were not heard," Church spokesman Vladimir Legoida told Interfax news agency.

The decision "shows that all pleas regarding the need to handle the situation extremely delicately were ignored," he said.

UNESCO chief Audrey Azoulay said she "deeply regrets" the decision made without prior dialogue with the UN's cultural agency.

The move was also condemned by the US Commission on International Religious Freedom, which said it was an "unequivocal politicisation" of the monument.

Hagia Sophia, which stands opposite the impressive Sultanahmet Mosque -- often called the Blue Mosque, has been a museum since 1935 and open to believers of all faiths.

Transforming it from a mosque was a key reform under the new republic born out of the ashes of the Ottoman Empire.

Sharing a presidential decree which named Hagia Sophia as a "mosque", Erdogan announced its administration would be handed over to Turkey's religious affairs directorate known as Diyanet.

"May we be blessed," he commented. The decree was published on the official gazette.

Erdogan has in recent years placed great emphasis on the battles which resulted in the defeat of Byzantium by the Ottomans, with lavish celebrations held every year to mark the conquest.

Muslim clerics have occasionally recited prayers in the museum on key anniversaries or religious holidays.

"The decision is intended to score points with Erdogan's pious and nationalist constituents," said Anthony Skinner of the risk assessment firm Verisk Maplecroft.

"Hagia Sophia is arguably the most conspicuous symbol of Turkey's Ottoman past -- one which Erdogan is leveraging to strengthen his base while snubbing domestic and foreign rivals," he told AFP.

'Chains broken'

A few hundred Turks carrying Turkish flags gathered outside Hagia Sophia shouting "Chains broken, Hagia Sophia reopened".

Police heightened security measures around the building, according to AFP journalists.

"It's been a dream since we were kids," said Erdal Gencler, an Istanbul resident.

"(Hagia Sophia) finds its true purpose again. We are very excited, proud, and hopeful that there will be beautiful services here," he added.

Fatma, a woman with tearful eyes, said: "Of course I am crying. (Hagia Sophia) belongs to us."

Ahead of the court decision, Justice Minister Abdulhamit Gul shared a picture of Hagia Sophia on his official Twitter account, with a message: "Have a good Friday."

Finance Minister Berat Albayrak, Erdogan's son-in-law, tweeted that Hagia Sophia would be reopened to Muslim worship "sooner or later", referring to a quote from Turkish poet Necip Fazil Kisakurek.

The Council of State had on July 2 debated the case brought by a Turkish group -- the Association for the Protection of Historic Monuments and the Environment, which demanded Hagia Sophia be reopened for Muslim prayers.

Since 2005, there have been several attempts to change the building's status. In 2018, the Constitutional Court rejected one application.

Despite occasional protests outside the site by Islamic groups, Turkish authorities had until now kept the building as a museum.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.
News Network
April 27,2020

London, Apr 27: British Prime Minister Boris Johnson returns to work on Monday more than three weeks after being hospitalised for the coronavirus and spending three days in intensive care.

Johnson, one of the highest-profile people to have contracted the virus, returned to 10 Downing Street on Sunday evening and will chair a meeting on Monday morning of the coronavirus "war cabinet", his colleagues confirmed.

Dominic Raab, the foreign secretary who has deputised in Johnson's absence, told the BBC on Sunday that his return would be a "boost for the government and a boost for the country".

Raab also claimed the prime minister was "raring to go".

Johnson, 55, was admitted to hospital on April 5 suffering from "persistent symptoms" of the deadly disease.

His condition worsened and he later admitted after being put in intensive care that "things could have gone either way".

He was discharged on April 12 and has been recuperating at his official residence, west of London.

In a video message after leaving hospital, Johnson thanked "Jenny from New Zealand and Luis from Portugal" for helping him recover.

On medical advice, he has not been doing official government work during his convalescence but has spoken to Queen Elizabeth and US President Donald Trump on the phone.

The British leader was diagnosed with the virus late last month but initially stayed at Downing Street and was filmed taking part in a round of applause for health workers in the days before he went to hospital.

Comments

Add new comment

  • Coastaldigest.com reserves the right to delete or block any comments.
  • Coastaldigset.com is not responsible for its readers’ comments.
  • Comments that are abusive, incendiary or irrelevant are strictly prohibited.
  • Please use a genuine email ID and provide your name to avoid reject.