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 24,2020

Islamabad, May 24: Pakistan recorded 32 coronavirus-related deaths during the last 24 hours, taking the total number of fatalities in the country to 1,133, the health ministry said on Sunday.

The total number of COVID-19 patients in Pakistan also jumped to 54,601, it said.

Read: Coronavirus India update: State-wise total number of confirmed cases, deaths

Sindh reported the maximum number of 21,645 coronavirus cases, followed by Punjab at 19,557, Khyber-Pakhtukhwa at 7,685, Balochistan at 3,306, Islamabad at 1,592, Gilgit-Baltistan at 619 and Pakistan-occupied Kashmir (PoK) at 197.

According to the health ministry, 17,198 coronavirus patients have recovered and 473,607 tests, including 12,915 in the last 24 hours, have been conducted so far.

The government also issued strict instructions to observe social distancing while offering Eid prayer and asked people to avoid visiting relatives and hosting parties.

Eid congregations were held at open places, mosques and Eidgahs in all major cities and towns while following strict standard operating procedures (SOPs) of social distancing and other precautionary measures.

Pakistan Prime Minister's Special Assistant on Health Zafar Mirza on Friday said the deadly infection would continue to multiply if precautions are not taken.

Earlier this month, the government had announced the lifting of the countrywide lockdown imposed to curb the spread of the virus in phases, even as infections continued to rise in the country.

Prime Minister Imran Khan had cited the economic havoc the virus restrictions had wreaked on citizens as the reason behind the decision.

The prime minister on Saturday urged Pakistanis to forgo traditional Eid festivity in view of the hundreds of fatalities caused by the coronavirus and the lives lost in Friday's plane crash in Karachi.

Ninety-seven people, including nine children, were killed and two passengers miraculously survived a fiery crash when a Pakistan International Airlines plane with 99 travellers on board plunged into a densely populated residential area near the Jinnah International Airport in Karachi. Most of the victims were travelling home to celebrate Eid.

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
June 22,2020

Karachi, Jun 22: India-born renowned Pakistani Shia scholar and author Talib Jauhari passed away here after a prolonged illness. He was 80.

Jauhari, who was born on August 27, 1939 in Patna, is survived by his three sons, Dawn News reported on Monday.

He migrated to Pakistan along with his father in 1949, two years after the Partition.

After obtaining early education from his father, he went to Iraq where he studied religion for 10 years under the renowned Shia scholars of that time.

Jauhari, who was on a ventilator in the intensive care unit of a private hospital for the past 15 days, breathed his last on Sunday night.

His son Riaz Jauhari confirmed his death and said that the body has been shifted to Ancholi Imambargah for the funeral prayers, The Express Tribune newspaper quoted his son as saying.

Jauhari was respected among his sect as he was a class fellow of the widely revered scholar Ayatollah Sayyid Ali al-Husayni al-Sistani.

He was also a poet, historian and philosopher and authored many books.

Pakistan Prime Minister Imran Khan has condoled Jauhari's death.

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.
Agencies
August 7,2020

Moscow, Aug 7: Russia will register its first vaccine against the coronavirus on August 12, Deputy Health Minister Oleg Gridnev said on Friday.

The vaccine has been developed jointly by the Gamaleya Research Institute and the Russian Defence Ministry.

"The vaccine developed by the Gamaleya centre will be registered on August 12. At the moment, the last, third, stage is underway. The trials are extremely important. We have to understand that the vaccine must be safe. Medical professionals and senior citizens will be the first to get vaccinated," Gridnev told reporters at the opening of a cancer centre building in the city of Ufa.

According to the minister, the effectiveness of the vaccine will be judged when the population immunity has formed.

Clinical trials of the vaccine began on June 18 and included 38 volunteers. All of the participants developed immunity. 

The first group was discharged on July 15 and the second group on July 20.

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.