Berlin – Read on for a statement by Wolfgang Kaleck, ECCHR general secretary, on the agreement between Volkswagen and the Federal Public Prosecutor’s Office in São Paolo to pay approximately 5.6 million euro to victims of the military dictatorship (1964-85) in Brazil. ECCHR has actively supported the case of the persecuted trade unionists of VW do Brasil since 2017. Wolfgang Kaleck was the lawyer of former VW employee and trade unionist Lúcio Bellentani, who was severely tortured for months during the military dictatorship in 1972 and who appointed Kaleck in his role as president of the “Heinrich Plagge” labor organization.
“VW do Brasil has been active for over 40 years. The fact that its involvement in the crimes of the Brazilian military dictatorship is now under investigation is a positive sign for now. Considering the current political situation in Brazil after right-wing populist President Jair Bolsonaro’s rise to power, the agreement between the public prosecutor’s office and VW do Brasil is a step in the right direction. It entails the payment of 5.6 million euro to support those affected, as well as for memorial and scientific research into the military dictatorship.
Nevertheless, the Brazilian state and the group should have taken initiative and acted: some of those affected have since passed away and are no longer able to witness this late coming to terms with the situation, as is the case with my client Lúcio Bellentani. It is therefore of utmost importance that both VW and the Brazilian state come to a conclusion as quickly as possible to ensure a swift compensation for those affected.
Due to the more developed international criminal law, those responsible at the Brazilian VW group would have to stand trial for aiding and abetting crimes against humanity or aiding and abetting torture. The long time-period, the different legal situation compared to today and especially the amnesty of the military, which still prevents prosecution, has limited the room for legal maneuver. Nevertheless, it has at least led to this out-of-court settlement.
Admittedly, this by no means outweighs the great damage done to society and to the individually affected trade unionists by the Brazilian military. The sanctions are too late for this. However, this agreement elucidates that involvement in the most serious human rights violations can cause damage to reputation and financial losses. Economic actors such as transnational corporations cannot be exempted from criminal and civil responsibility for the grave human rights violations. Such crimes – even if committed long ago – must be investigated and sanctioned. The example of Brazil shows that this is possible and will hopefully set a precedent.
Other companies, such as Mercedes Benz, that were complicit in the crimes of the military dictatorships in Latin America, still deny their joint responsibility for the human rights crimes. Mercedes Benz must finally contribute to unraveling the historical events and provide compensation of those affected. Our strive for justice has not ended.”
Since its founding, ECCHR has been dedicated to elucidating the joint responsibility of transnational corporations in the crimes committed by military dictatorships such as those in Brazil or Argentina. Wolfgang Kaleck filed a criminal complaint against managers of Mercedes Benz for the disappearance of trade unionists in Argentina as early as 1999.
