The National Council of (CNDH) has recommended to what the reserve military José Antônio Nogueira Bilham and Jacy Ochsendorf and Souza are declared “unworthy of the official”, with the loss of their respective posts and patents.
General and Major of the Army Reserve, respectively, Bilham and OchSendorf are 2 of the 5 military personnel reported by the Federal Public Prosecution Service on charges of disappearance, torture, death and concealment of the former Deputy Rubens Paiva’s corpse during. The other three have died.
Their association with the case, portrayed in the movie “”, was also identified by the National Truth Commission.
Linked to the Ministry of Human Rights and Citizenship, the CNDH is composed of 11 representatives of civil society and 11 of the Government, with chairs intended, among others, to the Federal Public Defender’s Office, the Federal Public Prosecution Service, the Ministry of Justice and power Legislative.
Submitted to the Defense Minister, on December 27, the recommendation is part of the conclusions of the preliminary report approved earlier that month by the CNDH after the Paiva case reopened. The document is the “first step” towards repairing these crimes, says the board.
The report says: “The Brazilian State and, particularly, the military who participated (and participate to this day) directly in the crime of concealment of the corpse follow the truth of the Rubens and Eunice Paiva family.”
“Where is the body of Rubens Paiva? This is a question that is still echoing throughout Brazilian society. As recorded in the epigraph of this report, this family continues to suffer the psychological torture of eternal doubt and continues to be impacted by the violation of its natural right to grief . “
HAS Sheet The Ministry of Defense said it received the CNDH document and said the recommendations are under analysis.
The Council asks the defense to also declare “unworthy of the officelato”, with the loss of posts and patents, “any active or reserve military to profess the doctrine contrary to the Democratic Rule of Law or favorable to authoritarian regimes such as the one established in Brazil to from 1964 “.
In the 30-page report, the CNDH recalls that on January 20, 1971, while the family was preparing to go to the beach, military personnel entered the former deputy’s house and, without a court order, took him to interrogation.
It was the last time the family saw him. For two days, narrates the document, Paiva was tortured to death. Following, the military hid their body and made it disappear.
Days after finding the disappearance, his wife, Eunice Paiva, sent a complaint to the Council for the Defense of the Rights of the Human Person (CDDPH) – today CNDH. The complaint was, however, filed.
“By bringing up the story of Rubens Paiva and his family, it is also expected to alert Brazilian society to the dangers of authoritarianism and the violation of human rights,” the council says.
To make the preliminary report, the collegiate was based on information from the National Truth Commission, the State Committees of Truth of Rio de Janeiro and São Paulo, the Federal Prosecutor’s Office and testimonials and inspection in the building where DOI-CODI worked, in Rio de Janeiro.
” [no local] a complete deletion of historical records. Both buildings underwent several reforms. When asked if there are documents from the 1970s archived in the Battalion, the commander reported believing that they were not preserved, “says an excerpt from the document.
The document says it is crucial to the responsibility of agents who caused human rights violations.
The debate on the possibility of punishing the military accused of such actions, today protected by the Amnesty Law, currently being processed in the (Federal Supreme Court).
Tumble
Another action suggested by the CNDH to the defense holder was the vacancy of the building where the DOI-Codi worked, to transform the site into a “memory of illegal acts during the military dictatorship.”
The report says that the right to full reparation in crimes involving serious human rights violations has different dimensions.
There are other council recommendations to the Defense Folder, as a public statement of repudiation of torture and attacks on democracy in 1964 and in the last three years.
In addition, the CNDH wants to institute an order of the day on March 1 with reference to the 1964 coup, and apologies to Brazilian society, especially victims of torture and persecution, as well as the family members of dead and missing people.
