*In the image: Ms. Denise Crispim during a hearing at the Inter-American Court of Human Rights, 5 July 2024.
Recife, Brazil (19 July 2024) – The Human Rights Clinic of the Federal University of Pernambuco (UFPE) and the Facts and Norms Institute (FNI) have jointly submitted a new Amicus Curiae Memorial to the Inter-American Court of Human Rights, marking another step in the pursuit of justice for victims of the Brazilian dictatorship. This Memorial focuses on the case of Denise Peres Crispim, Eduardo Collen Leite, and Others Vs. Brazil, highlighting the transgenerational impact of state violence and the urgent need for transitional justice measures.
The Memorial dives deep into the harrowing experiences of Denise Peres Crispim, a pregnant political activist who endured torture and detention while her partner, Eduardo Collen Leite, was also subjected to brutal treatment and ultimately executed by state agents.
The Memorial argues that the Brazilian State failed to adequately investigate these crimes and has neglected to implement comprehensive reparative measures that acknowledge the enduring impact of these violations on both Denise and her daughter, Eduarda Crispim Leite.
Key arguments presented in the Memorial include:
State violence as a systemic issue: The brief exposes the continuous and pervasive nature of state violence in Brazil, drawing a stark connection between the brutal practices of the dictatorship era and the ongoing police violence that disproportionately affects marginalized communities.
Transgenerational impact of exile: The Memorial underscores the devastating consequences of forced exile, highlighting the psychological and emotional trauma inflicted upon Denise and Eduarda, who were forced to flee their homeland and reconstruct their lives in a foreign land. This analysis emphasizes the need for reparations that address the unique experiences of children who have inherited the legacy of their parents' persecution.
Violation of fundamental rights: The brief meticulously documents the violation of numerous rights enshrined in the American Convention on Human Rights, including the right to life, liberty, personal security, a fair trial, and freedom from torture. It also stresses the State's failure to protect the right to a name and nationality for Eduarda, who was born into exile and faced years of bureaucratic hurdles to have her identity legally recognized.
Indigeneous populations, a parallel struggle: The Memorial draws a compelling parallel between the experiences of Denise and Eduarda and the systemic violations endured by Indigenous populations during the dictatorship. It emphasizes how forced assimilation policies, land dispossession, and cultural suppression have inflicted transgenerational trauma on these communities, demanding a comprehensive approach to truth, justice, and reparations.
Justice with attention to women's rights: The Memorial makes a powerful call for a gender-focused approach to transitional justice, emphasizing the specific forms of violence and discrimination faced by women during the dictatorship. It critiques the lack of gender sensitivity in existing transitional justice mechanisms in Brazil. It argues that the State has failed to recognize the particular vulnerabilities of women, including the use of sexual violence as a tool of repression and the lasting impact of forced separation from families and communities.
The Memorial recommends the Inter-American Court to:
Hold the Brazilian State accountable for its failure to investigate and prosecute the perpetrators of these crimes, and to provide full and effective reparations to the victims and their families.
Order the Brazilian State to implement comprehensive transitional justice measures that address the specific needs of women and other marginalized groups, including a dedicated national commission for Indigenous peoples and the establishment of a memorial dedicated to women victims of the dictatorship.
Mandate the revision of the Amnesty Law to ensure that perpetrators of human rights violations during the dictatorship can be held accountable.
This Memorial represents a continuation of the dedicated efforts undertaken by both UFPE and FNI in the field of transitional justice. For over a decade, UFPE's Human Rights Clinic has conducted extensive research and advocacy on transitional justice issues, with a particular focus on the legacy of the Brazilian military dictatorship.
FNI, on the other hand, has collaborated with the United Nations, providing expert studies on transitional justice and social development, as well as the role of corporations during the Brazilian dictatorship.
Furthermore, FNI's Inter-American Human Rights Observatory has submitted two previous Amicus Curiae briefs to the Inter-American Court, including a recent one addressing systemic police violence in Brazil and demonstrating how state violence in democratic times is a continuum of the state violence during the dictatorship.
To read the full memorial, click here:
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