The United Nations Human Rights Committee has insisted that its recent appeals to former Brazilian President Luiz Inacio Lula da Silva to run as a presidential candidate again are âLegally bindingâ. The Brazilian government had rejected them as mere recommendations.
This content was published on August 24, 2018 – 14:37
âThe measures issued by the Committee are not recommendations. They are legally binding and impose on Brazil an international legal obligation to comply with them â, Sarah clevelandExternal link, author of the commission’s final text, told swissinfo.ch on Wednesday.
The Geneva-based independent expert panel last week called on the Brazilian government to allow the imprisoned former president, known as Lula, to exercise his political rights as a presidential candidate.
Lula is the candidate for his Workers’ Party (PT) and is leading the presidential elections ahead of the October poll, but it is generally expected that he will be banned from running in an electoral court. He was jailed in April for corruption.
Lula said his conviction was the result of political persecution and that it was part of a right-wing plot to prevent him from taking over the presidency.
Not an executing agency
The United Nations CommitteeExternal link, which ensures that the countries respect the International Covenant on Civil and Political RightsExternal link, declared to have asked the Brazilian government “not to prevent [Lula] to stand for the presidential elections of 2018 until his appeals to the courts have resulted in a fair judicial process â.
The statement added that the Brazilian government should ensure “that Lula can enjoy and exercise his political rights in prison, as a candidate in the 2018 presidential elections. This includes having proper access to the media and to his party members. Politics “.
Cleveland admitted that the Committee was not an “enforcement or sanctioning body,” but said states “generally comply” with its interim measures.
When asked why a sovereign legal system – in this case that of Brazil – should listen to UNHCR, she said Brazil was legally committed to the Committee when it chose to become a party to the International Covenant. civil and political rights.
âThe provisional measures do not address the guilt or innocence of Mr. Lula da Silva,â she said. âThey limit themselves to preserving his rights to political participation under article 25 of the Covenant until his domestic remedies are final in accordance with a fair judicial process.
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