المحكمة الدستورية العليا في البرازيل تدرس الجوانب القانونية في اعتقال البشير على اراضيها!!

Quote: Although Foreign Minister Celso Amorim has been adamant over once said that the country will implement international arrest warrant against Sudanese dictator Omar al Bashir, if he travels to Brazil, the Supreme Court (Supreme Court) the issue in doubt . After receiving a request for confidential Foreign Ministry, the highest court of the country began to examine the last 17 days, the order issued by the International Criminal Court (ICC) against Bashir for war crimes and crimes against humanity. The secrecy was rejected, but not the analysis. In preliminary assessment, the Supreme Court mentions inconsistencies between the arrest warrant of the ICC and the Constitution. One is the possibility that Bashir be sentenced to life imprisonment penalty banned in Brazil. "The matter raises discussions on the ICC and the Rome Statute, even in the face of various objections that have been exposed by eminent scholars," mused the Minister Celso de Mello. In order of 19 pages, Mello recalled the controversy over the incorporation of the terms of the statute that created the ICC, the Brazilian legal system. "There is a tension between some provisions of the Rome Statute and the Constitution guarantees criminal field," said Oscar Vilhena, director of the human rights organization Conectas and professor of constitutional law at FGV-SP. The discussion of alleged inconsistencies between the ICC and the Constitution is not new and divides lawyers from Brazil's ratification of the Treaty of Rome in 2002. But now there is a major player for a specific request to Brazil and against a leader in office. For many lawyers, the Rome Statute was incorporated into the Brazilian legal order, seam 45, 2004. But the Minister Celso de Mello points noises that indicate 'high relevance of the issue and the need for discussion by the Supreme Court, a number of issues emanating from the concrete analysis of this election. " An example is Article 27 of the Rome Statute, which it considers irrelevant if the defendant is head of state. Brazil, traditionally recognizes the diplomatic immunity of the leader. Vilhena indicates that the statute clashes with guarantees of Brazil, "immutable clauses" that can not be changed even by constitutional amendment - such as the prohibition of life imprisonment. But do not believe this would prevent the arrest of Bashir if he visit Brazil. "This problem can be solved if the ICC undertakes not to impose a penalty of more than 30 years [maximum allowed in Brazil]. Thus, the Supreme Court would not have to deny it," says Villena. Although the issue for now is limited to discussions in specialist circles, he can turn into real trouble next month, when Bashir is expected in Caracas against the Africa-South America, for which he was invited by Hugo Chávez, whose country is one of 110 signatories to the ICC.