Brazil: UN human rights committee says Moro was biased in Lula da Silva’s trial

RIO DE JANEIRO, BRAZIL – The United Nations (UN) Human Rights Committee concluded in a decision released on April 28 that former Lava Jato judge Sergio Moro was biased in the trial of Luiz Inácio Lula da Silva (Workers’ Party – PT). It also considered that the political rights of the left were violated by preventing it from participating in the 2018 elections.

The body is tasked with monitoring compliance with the International Covenant on Civil and Political Rights, ratified by 173 state parties, including Brazil.

In a statement, Moro said he would not comment on the UN opinion until he had access to its contents. He also praised Lava Jato. “It was an institutional measure resulting from the corruption uncovered at Petrobras. The company, owned by Brazilians, has already recovered R$6 billion (US$1.2 billion) through Lava Jato’s work.”

The committee decided after considering a complaint filed by Lula da Silva about how he was tried in the country’s largest corruption investigation.

“While states must investigate and prosecute corruption cases and inform the population, especially concerning a former head of state, such actions must be carried out fairly and respect the guarantees of due process of law,” said committee member Arif Bulkan.

During the investigation, Moro approved a request by prosecutors to tap the phones of Lula da Silva, his family members, and lawyers. He also released the contents of the recordings before formally filing charges.

The judge at the time also issued an arrest warrant for coercion to drive to take Lula da Silva as a witness. The arrest warrant was leaked to the press, and subsequently, the media took photos of Lula as if he were in prison.

Moro sentenced Lula da Silva to nine years in prison in July 2017. In January the following year, his sentence was increased to 12 years by the Federal Regional Court. He began serving his sentence in April 2018, with appeals pending.

The Supreme Electoral Tribunal (TSE) rejected Lula da Silva’s candidacy for the October presidential election because the country’s legislation does not allow people convicted of certain crimes and under certain conditions to run for public office, even if an appeal is pending.

The Supreme Court overturned Lula da Silva’s conviction in 2021, ruling that then-Judge Moro did not have jurisdiction to investigate and try such cases, and annulled the investigation because the judge was not considered impartial.

“Although the Supreme Court overturned Lula’s conviction and imprisonment in 2021, these decisions were not timely and effective enough to prevent or remedy the violations,” Bulkan said.

The committee found that the seizure order, issued in violation of domestic law, violated Lula da Silva’s right to personal liberty and that the recordings and public disclosure of his conversations violated his right to privacy.

It also concluded that “the conduct and other public actions of then-Judge Moro violated Lulas da Silva’s right to an impartial tribunal. The actions and public statements of former Judge Moro and the prosecutors violated Lula’s right to the presumption of innocence.”

The Committee also considered that the ban on Lula da Silva’s presidential candidacy due to these procedural errors was arbitrary and violated his political rights, including his right to run for public office.

The former president was represented at the UN by lawyers Valeska Zanin Martins, Cristiano Zanin Martis, and British lawyer Geoffrey Robertson.

The panel called on Brazil to “ensure that any further criminal proceedings against Lula da Silva comply with due process guarantees and to prevent similar violations in the future.”

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