The former president of Brazil
has filed a petition to the United Nations claiming human rights abuses
by his own country as he faces arrest over a corruption scandal
threatening to overshadow the Olympics, the Telegraph can disclose.
Luiz Inácio Lula da Silva, credited with orchestrating the nation's successful bid for the games which begin next week, is a key suspect in Operation Car Wash, an investigation into a multi-billion-dollar kickback scheme at state-oil company Petrobras.
Lula, who could be arrested in days despite protesting his innocence,
has turned to the help of Geoffrey Roberston QC, the high-profile
British human rights barrister who defended Salman Rushdie, Mike Tyson
and Julian Assange.
On Thursday morning, Mr Robertson
filed a petition in Geneva detailing alleged violations of the
International Covenant on Civil and Political Rights and abuses of power
by Judge Sergio Moro, who is leading the investigation.
"Lula is bringing his case to the UN because he cannot get justice under the inquisitorial system in Brazil," Mr Robertson told the Telegraph.
"His telephones are being tapped, as are those of his family and his lawyers and the intercept transcripts, even the audio transcripts, are being released for publication by a politically hostile media.
"The judge who has been invading his privacy is having him arrested at any moment and then will become his trial judge deciding his case without a jury."
Moro has painted himself as an "attack judge" willing to court publicity – particularly in the United States – for himself and to use techniques such as public disclosure of telephone taps and indefinite detention to pressuring suspects into “plea bargains”.
Mr Robertson added: "No judge in England could act in this way, in effect both as his prosecutor and his trial judge.
“The judge even has power to detain suspects indefinitely in prison until they confess and plea bargain. This is system that breaches fundamental human rights and has been condemned by UN bodies because several thousand Brazilians are unconvicted but still languish in prison.
“This case will expose the problem of pre-trial detention in Brazil and the problem of wrongful convictions based on confessions by suspects who just want to get out of prison.
“It is very important to fight corruption but only if it is fought fairly.”
Earlier this year, Brazil's Attorney-General, Rodrigo Janot, asked the Supreme Court to open an investigation into Lula's alleged involvement in the multi-billion-dollar scandal that has already seen dozens of lawmakers arrested.
"Lula is bringing his case to the UN because he cannot get justice under the inquisitorial system in Brazil," Mr Robertson told the Telegraph.
"His telephones are being tapped, as are those of his family and his lawyers and the intercept transcripts, even the audio transcripts, are being released for publication by a politically hostile media.
"The judge who has been invading his privacy is having him arrested at any moment and then will become his trial judge deciding his case without a jury."
Moro has painted himself as an "attack judge" willing to court publicity – particularly in the United States – for himself and to use techniques such as public disclosure of telephone taps and indefinite detention to pressuring suspects into “plea bargains”.
Mr Robertson added: "No judge in England could act in this way, in effect both as his prosecutor and his trial judge.
“The judge even has power to detain suspects indefinitely in prison until they confess and plea bargain. This is system that breaches fundamental human rights and has been condemned by UN bodies because several thousand Brazilians are unconvicted but still languish in prison.
“This case will expose the problem of pre-trial detention in Brazil and the problem of wrongful convictions based on confessions by suspects who just want to get out of prison.
“It is very important to fight corruption but only if it is fought fairly.”
Earlier this year, Brazil's Attorney-General, Rodrigo Janot, asked the Supreme Court to open an investigation into Lula's alleged involvement in the multi-billion-dollar scandal that has already seen dozens of lawmakers arrested.
Mr Lula, president from 2003 to
2010, was swept up in the investigation in March as 200 federal police
and 30 auditors carry out raids across three states, serving 33 warrants
for search and seizure, and 11 for detention for questioning.
As the ex-president was led out of his home, red-shirted supporters
outside jostled with opponents, shouting and scuffling in a sign of how
strong a hold the beloved 70-year-old ex-leader retains on the country.
Prosecutors allege that the Workers' Party, of which both Lula and
his successor as president, Dilma Rousseff, are members, partly financed
its campaigns and expenses through these kickbacks.
Both Lula and Rousseff - suspended from office for allegedly flouting
budget regulations - have decided to stay from the games' opening
ceremony as they contest the allegations.
Rousseff, who faces an impeachment trial shortly after the Olympics
end, has condemned the campaign against her as a political coup by Vice
President Michel Temer, who is currently the country’s acting leader and
will remain in power until 2018 if she is impeached.
Sao Paulo newspaper Folha quoted Attorney-General Janot as saying
that the kickback scheme "could never have functioned for so many years
and in such a broad and aggressive form under the federal government
without the participation of ex-president Luiz Inacio Lula da Silva".
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