Rio de Janeiro, Brazil (May 19, 2010)—Experts in law and human rights agreed at a forum held here yesterday by the Inter American Press Association (IAPA) that there is a need to take strong action to investigate and bring to justice those who commit crimes against journalists, suggesting that such actions be made federal offenses.
In opening the forum Sidnei Basile of the Grupo Abril of São Paulo, regional vice chairman for Brazil of the IAPA’s Committee on Freedom of the Press and Information, recognized his country as one of those in the Americas that had made most progress in convicting and putting behind bars those guilty of murder.
In this regard Angelina Nunes and Marcelo Moreira, members of the board of directors of the Brazilian association of investigative reporters, Abraji, said the number of such crimes had lessened thanks in part to the mobilization of the media. As an example they mentioned the 2002 murder of Tim Lopes of TV Globo and the torture of a group of reporters from the newspaper O Dia in 2008, two cases that were widely reported and whose legal proceedings ended with the conviction of those responsible.
Concerning putting cases of crimes against journalists under federal jurisdiction there was general agreement in the forum – titled “Failures and Shortcomings of Justice: How to Prevent Impunity in Crimes Against the Press” and held at the Catholic Pontifical University of Rio de Janeiro (PUC-Rio – on the need for a legislative bill that would make this automatic and require priority to be given to all cases involving the work of the press, as currently such decisions are at the sole discretion of Brazil’s Attorney General under terms of the 2004 constitutional amendment concerning human rights.
Regional Attorney General Janice Ascari said that such federalization should be brought about through a joint effort by police forces and state and federal public prosecutors’ offices. She added that a bill should seek to have the Attorney General’s Office appoint a group of prosecutors to investigate all crimes against journalists in small towns, where the local justice system is under greatest pressure.
Ascari called for a legal assistance fund for those cases involving threats to journalists and for the families of those murdered. She gave as an example a special fund provided by the National Association of Public Prosecutors for the legal defense of its members.
Fernando Matos, director of the Presidency’s Human Rights Defense Department, said that journalists assaulted or the victims of violence could take advantage of the Ombudsmen’s Protection Program, on the basis that freedom of expression is a fundamental human right.
Rio de Janeiro State Attorney Viviane Tavares Henriques, who was in charge of the investigation into the murder of Tim Lopes and consequent conviction of those responsible, criticized the parole system, saying it fosters impunity. “Once a criminological examination used to be required for a sentence to be reduced, and now it is enough for part of a sentence to have been served and for the person in charge of the prison to provide a statement citing good behavior.”
Henriques said that this meant one of those convicted of the Lopes murder was given what is called a semi-open sentence – allowing him not to have to spend all day behind bars – which he then took advantage of by fleeing.
The most emotional part of the forum was provided by Marcel Leal, a journalist and son of Manoel Leal de Oliveira, a newsman murdered in Bahia in 1998. He listed irregularities in his father’s case and said he was hopeful that inquiries would be reopened to determine who had masterminded the murder, as had been promised by the local state government to the IAPA and the Inter-American Commission on Human Rights.
IAPA Press Freedom Director Ricardo Trotti, after explaining the various legal changes that had been achieved in other countries, said that governments “have the duty to be creative when promoting laws that help to strengthen freedom of the press and to combat impunity.” He drew a parallel between the year that Lopes died with the date on which American reporters Daniel Pearl was killed, adding that it was positive that the administration of President Barack Obama had this week tabled a press freedom law that requires the U.S. State Department to mention in its annual reports on human rights the current state of freedom of the press in each country under review.
Guillermo Planel presented a video produced by the IAPA on “Reporting Under Risk in Rio,”
Also taking part as speakers in the forum were PUC-Rio journalism lecturer Leonel Aguiar and Clainha Glock, an investigative reporter with the IAPA’s Rapid Response Unit in Brazil.
The IAPA is a not-for-profit organization dedicated to the defense and promotion of freedom of the press and of expression in the Americas. It is made up of more than 1,300 print publications from throughout the Western Hemisphere and is based in Miami, Florida. The IAPA Impunity Project is funded by the John S. and James L. Knight Foundation and has the mission of combating violence against journalists and lessening the impunity surrounding the majority of such crimes. http://www.sipiapa.org http://www.impunidad.com