Source: NACLA
AluĆzio Palmar, a Brazilian journalist, human rights activist, and former political prisoner, is being sued for defamation by his own torturer. The physical and psychological torture happened 40 years ago, when Palmar was imprisoned by the military dictatorship that ruled Brazil from 1964 to 1985. But it was only last month, in a climate defined by Brazilās right-wing president Jair Bolsonaro, that Palmarās abuser felt emboldened to file the suit.
Like thousands of others under the military regime, Palmar was subjected to various forms of torture: electrocution, simulated drowning, and the infamous āparrots perchā where he was strung up on a pole with his hands and feet tied together, his body dangling below, crouched and suspended in the air. Palmar was tortured by several different officers in the four detention centers where he was held between 1969 and 1971. One of his abusers always stood out: Lieutenant MĆ”rio Espedito Ostrovski.
When Palmar was imprisoned, his wife was pregnant with their child. Ostrovski knew this and during interrogation sessionsāwhich included physical abuseāthe lieutenant brought up Palmarās family. āHe told me heād go arrest my wife, that heād make her lose the baby we were expecting,ā Palmar recalled. Ostrovski taunted Palmar and scolded him for making his child a political subversive, even before birth: āHe told me that ideology is passed down through blood.ā
Now, the 76-year-old Palmar is involved in a lawsuit with Ostrovski. In a cruel twist, it is not a case of the victim seeking justice from his abuser. Instead, Ostrovskiāwho became a lawyer after his military serviceāhas sued Palmar for defamation of character and āmoral damagesā over his efforts to bring public attention to Ostrovskiās crimes.Ā At a moment when human rights activists are facing increasing dangers in Brazil under a president who both glorifies and normalizes Brazilās violent history, a victim of torture is being sued for libel by the man who tortured him.
Ostrovskiās human rights abuses have been well-documented, including in the 1984 report on torture titledĀ Brasil: Nunca MaisĀ (Brazil: Never Again) and also in the 2014Ā National Truth Commission, the largest effort to-date to elucidate the repression of Brazilās military regime. In these reports, multiple victims testified to Ostrovskiās acts of torture.
Despite this evidence, Ostrovski has never stood trial. Nor, for that matter, has anyone in Brazil been held accountable for the cruelty of dictatorship. Unlike in neighboring Chile and Argentina where limited trials did take place, not a single member of the Brazilian military has faced criminal charges.
The lack of legal justice for Brazilās human rights abusers helps explain the lawsuit against Palmar. Since the 1980s, Palmar has been an ardent human rights activist and journalist. He has co-foundedĀ a political newspaper, writtenĀ a bookĀ on the forced disappearances of six Brazilian dissidents, maintainedĀ a websiteĀ that publishes declassified documents, and established theĀ Center for Human Rights and Popular MemoryĀ in the city of Foz do IguaƧu.
So although there has been a concerted absence of political and institutional justice, Palmar and countless Brazilians like him have fought to keep the memory of the past alive. One of these initiatives took place in 2013 and stands as the crux of the current lawsuit.
As part of the investigations for the National Truth Commission, Palmar and three other torture victims testified in a public hearing. In the aftermath of this testimony, protestors engaged in a political action common in Latin America known as anĀ escrache: to expose Ostroviskyāwho had been living in relatively anonymityāthe crowd marched to his law office and heldĀ a noisy rallyĀ to āoutā him as a torturer. Palmar himself did not take part in the protest, but he did publicize the event on Facebook.
And it is precisely Palmarās act of sharing the protest on Facebook that Ostroviski is now citing in his claim for legal and financial restitution. But if the event in question took place in 2013, why is the lawsuit only now being brought forth?
The answer ties directly to Brazilās current political landscape.Ā Since Bolsonaroās election in October 2018, a long-standing culture of impunity has become even more brazen.Ā An army captain in the final years of the dictatorship, Bolsonaro has built his political career on an unapologetic nostalgia for military rule.Ā Among his manyĀ headline-grabbingĀ statements, Bolsonaro invoked the dictatorshipās most notorious torturer in voting to impeach the former president Dilma Rousseffāherself a torture victimāand he has stated that the regimeās murder of some 500 citizens did not goĀ far enough.
Carla Luciana Silva, a professor of history at the State University of Western ParanĆ”, sees both Bolsonaroās presidency and Ostrovskiās lawsuit as the result of Brazilās disjointed transition from military to civilian rule, where many of the dictatorship-era policies remained in place even after the official return of democracy. In particular, she notes the legacy of the 1979 Amnesty Law that has made it nearly impossible to bring perpetrators to justice.
āSince 1979, torturers have been protected by a law that is interpreted as impunity for them,ā Luciana Silva said. āNow they are sheltered by an irresponsible president, who clearly governs for only a portion of the population. The torturer felt comfortable suing his victim as if nothing were going to happen.ā
As both a journalist and a human rights activist, Palmar embodies two of the sectors of civil society most under threat in Bolsonaroās Brazil. Between early December and early January alone, multiple journalists and media outlets in Brazil have sufferedĀ abuse, including two reporters in RondĆ“nia receiving suspended jail time in a defamation case and a radio stationās antennae being destroyed by arson. Bolsonaro himself recentlyĀ renewed his antagonismĀ against the press: When asked in December about the growing corruption scandal surrounding his family, he deflected by verbally assaulted the journalist: āYou look terribly like a homosexual.ā These threats contribute to a dangerous reality where since 2010,Ā 22 journalistsĀ in Brazil have been killed.
And according to theĀ NGO Frontline Defenders, Brazil is also one of the deadliest places on earth for human rights activists, with a frightening increase in the threats, arrests, and physical attacks on activists, particularly around environmental, Indigenous, and LGBTQI+ rights. In 2019, the number of Indigenous leaders and activists killed reached theĀ highest rate in two decades, and the Bolsonaro regime continues to skirt any responsibility to solve the 2018 assassination ofĀ Marielle Franco, a city councilwoman, gay Black feminist, and human rights activist. Bolsonaro also lashed out againstĀ the mediaĀ when evidence emerged of apparent links between his family and Francoās suspected killers.
Palmarās situation is symptomatic of how human rights are being inverted in Brazil. There is a double injustice at play: Not only is a survivor of torture being preyed on once again by his former abuser, but the lack of accountability over the past 40 years is now being compounded to such a degree that a torturer feels as thoughĀ his rightsĀ are being abused. In Bolsonaroās Brazil, torturers like Ostrovski can pervert the legal system to not only silence victims and critics, but to attempt to redefine whose rights actually matter.
Before Bolsonaro, the torturers and human rights abusers of Brazilās recent past had largely hidden from public view. As part of the National Truth Commission, the accused perpetrators were called to testify. Ostrovski, like so many others, refused to come forward.
AluĆzio Palmar offers an unambiguous reason for why Ostrovski has now re-emerged to sue him.
āWith Bolsonaro in power, [these abusers] feel free,ā Palmar said. āThey feel free to go around threatening us, to commit a form of terrorism. And more and more theyāre putting Brazilian democracy itself in danger. There is a real enemy, and itās going to set us back a long time.ā
To help bring attention to Bolsonaroās assault on human rights, the international community must expose the lawsuit against AluĆzio Palmar as a baseless attempt to silence a victim and intimidate a journalist. If left unchecked, torturers like Ostrovski and their enablers in power will continue their efforts to turn back the clock and return Brazil to its authoritarian past.
Jacob Blanc is a history professor at the University of Edinburgh.
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