Photo: William Volcov
Jorunalist Bob Fernandes alerted, via Twitter:
CLOSE ATTENTION. In article 54 one of the reasons of Interpol withdrawing Tacla Duran from the red alert list: doubts about the conduct of the judge responsible (Moro) sufficient to violate article 2; cooperation can only be given with fundamental rights guaranteed. https://t.co/l3UsvQcs04
— Bob Fernandes (@Bob_Fernandes) 4 August 2018
Interpol understood that Sergio Moro violated article 2 of Interpol’s own Constitution.
Article 2 (1): To ensure and promote the widest possible mutual assistance between all criminal police authorities within the limits of the laws existing in the different countries and in the spirit of the “Universal Declaration of Human Rights
From the newspaper O Estado de S.Paulo
Interpol takes Tacla Duran off the international wanted list
The investigation agency complied with a request from the lawyer and suspended the international red alert against his name since September 2016
Jamil Chade CORRESPONDENT / GENEVER Katna Baran, O Estado de S.Paulo
4 August 2018
Interpol, the international investigation agency, took the lawyer Rodrigo Tacla Duran off the body’s international wanted list. At the request of the defence, the agency suspended the red alert against his name since September 2016 made at the request of Brazilian Justice. Tacla Duran’s defence placed in check the impartiality of Judge Sérgio Moro to judge the case. The argument was the fact that the judge had cited the lawyer during the programme Roda Viva on TV Cultura.
Tacla Duran presented three arguments to Interpol to justify his request that the red alert on his name be withdrawn: his case had been transferred in part from Brazil to Spain, the rights to due legal process in Brazil had not been fulfilled and to complete the case, Spain had rejected his extradition from there.
According to Interpol, Tacla Duran presented “evidence that was easily verifiable from open sources”, that Moro “spoke publicly about him during an interview” about the case, placing the impartiality of the Lava Jato judge in Curitiba under suspicion.
“The Commission then considered that the allegations presented (by Tacla Duran) which, given the behaviour of the judge responsible for his case in Brazil, sufficient doubts had been raised of the fact of a violation of Article 2 of the Interpol Constitution”, the agency indicated in a document obtained by O Estado. Article 2 refers to the need for the institution to promote cooperation between police from different countries, provided the Universal Declaration of Human Rights is respected.
The case makes reference to the interview given by Moro on Roda Viva on the TV Cultura channel on 27th March. As a fugitive in Spain, Duran accused Moro of receiving undue amounts of money through a friend to favour plea bargains in the operation. In the interview on Roda Viva, the judge said he believed it was just an attempt to remove him from the case.
The Interpol Control Commission has been evaluating the case since July. After an evaluation and in consultation with authorities in Brazil and Spain, the newspaper O Estado found that the commission indicated that the elements presented by Tacla Duran were in fact “new” and would have to be considered. According to the agency, such data could have led Interpol to a “different conclusion” about the suspect.
The decision does not mean that Interpol questions the Brazilian judicial system. But it does indicate that an evaluation should be made on each case before maintaining the lawyer’s name on the list. “The Commission notes that the guarantees of Access to Justice, as well as principles of equal treatment before the law, the impartiality of the Judiciary and fundamental rights, such as full and adversarial defence are in fact rooted in the Brazilian Federal Constitution and in the country’s legal system”.
The agency therefore established that the data on Tacla Duran must be “deleted from the Interpol files”. The body also noted that Spanish Justice “did not ask for the alert to be maintained”.
Tacla Duran has lived in Spain ever since the first indications of his involvement in the corruption scheme at Petrobras were revealed by Lava Jato. According to the investigations, the lawyer was an operator for Odebrecht in the payments of bribe monies abroad. Firstly, he was the subject of a preventive arrest warrant in the 36th phase of Lava Jato in November 2016. At the time, Tacla Duran was already out of the country and was not arrested.
He is wanted in a process of investigating crimes such as corruption, money laundering and criminal conspiracy in a scheme involving construction works worth more than R$ 1.8 billion with the Pipe-Rack Consortium at the Rio de Janeiro Petrochemical Complex (Comperj). He is also a defendant in another process, also dismembered, investigating crimes of corruption against Petrobras and an investigation involving concession and highways in Paraná state.
The 13th Court of Curitiba requested the extradition of Tacla Duran to Brazil for crimes, which was denied by Spain due to the lawyer double nationality. On April 11th 2018, Moro decided to transfer part of this process to the Spanish authorities, considering treaty provisions and the use of a company set up in Spain to carry out the crimes investigated.
Interpol refused to comment officially on the document. Federal Justice affirmed that his preventive detention had not been revoked in Brazil. The media office said they would not comment officially on the matter involving Moro, nor on the Interpol decision.
The Federal prosecution service declared that the preventive arrest warrant against Tacla Duran remained in effect and valid. In a motion for habeas corpus filed by the lawyer, the 4th Federal Regional Court (TRF-4) maintained the warrant, recognizing its legality. “The Federal prosecution service continues to adopt all due legal measures for it to be fulfilled, including abroad”.