After only 3 hours of sleep I started the week in court. Few hours later I was at the LLM classes where Mrs. Fabia Fernandes Carvalho Vecoso, from Sao Paolo, Brasil, presented an interesting view on the amnesty laws in Brazil under the title „Critical Foundations of Contemporary Cosmopolism”.
There are a few interestng cases on the topic:
- Barrios Altos v. Peru (2001)
- Almoniacid Arellano v. Chile (2006)
- Gelman v. Uruguay (2011)
- The Massacres of El Mozote v. El Salvador (2012)
As a timeline, between 1964 and 1985 there was a military regime in Brazil. Then in 1979 (the year of the Iranian Islamic Revolution btw) the amnesty was enacted, there was a constitutional order, but justice was not made. By Law no. 9140/1995 the death of 136 people was recognized, for which Brazil was responsible. Law no. 1559/2002 established a regime for amnestied people and a program of reparation. In 2010, the Constitutional Court declared the amnesty law constitutional, which led to manifestations in the country in front of former military leaders and on the streets. Then, in 2001, Law no. 12527 was passed regarding the access to public documents and by law no. 12528 a National Truth Commission was established.
The question left unanswered is: are judiciary ways to make peace effective?
Wednesday, I worked without breathing, prepared for the trial of Thursday, ran to the LLM classes. Here a partner of a Bucharest top law firm presented the current anomalies of the Arbitration Rules of the International Court of Arbitration by the Romanian Chamber of Commerce and Industry, on which I will write a separate article.
I ran from the seminar room to the Avla Magna of the Palace of the Faculty of Law of the University of Bucharest, where Mr. Andrei Plesu and father Iustin Marchis from the Stavropoleos Church in Bucharest held a conference on “Justice and Love”. The amphitheater and the balconies are packed. It is touching to be here, where I started the Faculty of Law, where I cried hearing Gaudeamus sang, where it is written in golden letters how the Palace was built by the efforts of the students and the teachers, where I heard the Dean say the opening speech and also the final speech, where I took the Financial Law and Successions exam. I see the Dean and some of my former teachers in the first rows, I see some seminar assistants who probably gave up the seminars to bring their students to the conference.
There are many reasons why I love the Faculty of Law. One of them is certainly the “Cultural Chats” which is organized by the Law Students Association. For each
“chat” a prominent figure in different interest fields is invited.
The conference held today is not an ordinary conference, it is not about the Law, it is about what it is beyond the Law. As the teacher who invited the guests once said at his own “cultural chat” we have to see the unseen citadel that is built in this world.
There is a feeling of pride that grows in me.
After the conference Mr. Pleșu signed two books, one for me and one for my mother. At home, instead of reading the file for the following day, I read the book. I had read it before when I was 13 and I am curious how I perceive it now.
At 5:30 am the driver picks me up. There are about 400 km until the Court of Appeal where I have the trial. Everything runs smoothly and we are on our way back. Too tired to read for the Arabic class on Saturday, but satisfied.
Can I legally plead at the Court of Appeal? No.1