A Summary Execution

September 2005

The Menezes killing is a reminder that human rights cannot be a stick to beat the developing world

I can understand the shock the July bombings caused in Britain. I have lived in London, and we want to show solidarity in the fight against terror. But in Brazil we were also shocked that an innocent Brazilian could be mistaken for a terrorist and shot dead by the police. I want to avoid strong words, but this was a tragic mistake, to say the least. It was a case of summary execution of the wrong person.

Even when you are dealing with someone accused of a crime, that person has a right to defend his or her case before the law. Jean de Menezes was not even accused of anything - he was simply the wrong man.

I don't want to pass judgment on how the police acted. I hope the results of the independent commission will explain to us what happened. Perhaps it is the police's method that should be questioned. We owe it to the cause of human rights to ensure that we do not attack the innocent, otherwise we will be helping the terrorists, who want to create a climate of insecurity. Now peaceful citizens are not only afraid of suicide bombs, but also of the police.

Jack Straw said that since terrorism is becoming international, the norms also have to be international. I understand the rules of engagement in the Menezes case have never been discussed anywhere else. I am not saying it is not the sovereign right of the UK to establish its rules of engagement. But for authentic cooperation, we will have to discuss them as well.

I hope we will continue to have a dialogue, and that the Menezes family will be adequately assisted. There is the question of the financial reparations the British government owes the family, and the question of moral reparations also concerns the Brazilian nation. These reparations will only be final when this action is condemned. You cannot close the case until there is a full investigation. If court action needs to be taken, then that has to happen.

We have to work on how to address terrorism without endangering human rights. Brazil's own situation is far from perfect, and many police officers have been jailed recently, in Rio de Janeiro especially. Brazil is still a developing country and as a result things sometimes happen which should not happen. The government is trying to improve matters, and one thing it has done for some time is to have an open and transparent policy on human rights. I hope the coverage of Brazil that appeared in British tabloids is not used as an excuse by those who committed this killing.

It is in this wider context of human rights that we, along with other developing countries, are demanding a voice on the United Nations security council for those who don't see every single problem in the world in terms of security alone. A reinforced UN body for human rights needs to address human rights in the wider world. It should not only be developing nations that are on trial. At present there are cases that are discussed because they are in the interest of some powers, while others are ignored because it is not in their interests. It is a question of everyone having the same standards. Brazil has many problems, but we have invited human rights reporters to investigate and recommend changes. I believe our human rights record is improving. We hope all countries can do the same.

We are realistic - we know the UN cannot be reformed overnight. But we are trying to create a balance between developing and developed countries. It will not be the ideal balance, because the security council's permanent five members will continue to have the power of veto. A complete overhaul of the UN would require another world war. Thankfully that won't happen, so we must improve it gradually.

Research Director of the TNI New Politics programme

Hilary Wainwright is a leading researcher and writer on the emergence of new forms of democratic accountability within parties, movements and the state. She is the driving force and editor behind Red Pepper, a popular British new left magazine, and has documented countless examples of resurgent democratic movements from Brazil to Britain and the lessons they provide for progressive politics.

As well as TNI fellow, she is also Senior Research Associate at the International Centre for Participation Studies at the Department for Peace Studies, University of Bradford, UK and Senior Research Associate at International Centre for Participation Studies', Bradford University. She has also been a visiting Professor and Scholar at the University of California, Los Angeles; Havens Center, University of Wisconsin, Madison and Todai University, Tokyo. Her books include Reclaim the State: Experiments in Popular Democracy (Verso/TNI, 2003) and Arguments for a New Left: Answering the Free Market Right (Blackwell, 1993).

Wainwright founded the Popular Planning Unit of the Greater London Council during the Thatcher years, and was convenor of the new economics working group of the Helsinki Citizens’ Assembly from 1989 to 1994.