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MINUTE
FROM THE MEETING OF THE
Council of Administration -
MADRID |
On
the twenty second of November of two thousand and four, in the city
of Madrid, Spain, at the Living Room of the Central Military Court,
at 08:30 a.m., the meeting
of the Council of Administration
of the International Association of the Military Justices (IAMJ)
started with the following presences: GETÚLIO CORRÊA,
Judge-Auditor of the Military Justice, Brazil, and President of the
IAMJ; Brigadier General ERNEST ZWANE, from South Africa’s National
Defense Force and 1º
Vice-President of the IAMJ; CHARLES ERDMANN , Appeal-Court Judge of
the United States Armed Forces, and 2º Vice-President of the IAMJ;
JOÃO CARLOS BONA GARCIA, Judge of Rio Grande do Sul’s Military
Court, Brazil, and Director of Finance of the
IAMJ; General ANGEL GARCÍA BELDA, Judge Counselor, President
of the Central Military Court of Spain, and Counselor of the IAMJ;
General FRANCISCO JAVIER MATA TEJADA, Auditor, General of the
Central Military Court, Member of the Fiscal Council of the IAMJ and
Coordinator of this Meeting; Magistrate Colonel BEATO MANOEL PAULO,
member of the Public Ministry of Angola, Counselor of the IAMJ; Dr.
MARTA ITURVIDE CONTICH, Lawyer and Member of the Military Justice of
Uruguay, Counselor of the IAMJ;
Colonel SÉRGIO CEA CIENFUEGOS, Lawyer of the Military
Justice of Chile, and Counselor of the IAMJ; and, as special guests
for this meeting, the following authorities: MARIA ESTER HENRIQUES
TAVARES, General Attorney of
the National Military
Ministry, Brazil; OCTÁVIO AUGUSTO SIMON DE SOUZA,
Vice-President Judge and General Prosecutor of the Military
Court of Rio Grande do Sul state, Brazil, and representing here the
Association of the Magistrates of the State Military Justices
(AMSMJ); JORGE CÉSAR DE ASSIS,
Prosecutor of the National Military Justice and Vice
President of the National Association of the National Public
Ministry, representing here his president; MIKULÁS GARDECKÝ,
Judicial Colonel Dr. General Attorney and Chief Military Attorney of
the Republic of Slovakia; RADOVAN MARAS, Military Attorney of the
Republic of Slovakia; General ANTÓNIO DOS SANTOS NETO, President
Judge of the Supreme Military Court of Angola; Lieutenant General
CARLOS ALBERTO MOREIRA BASTOS, Vice-President of the Superior
Council of Military Discipline; Colonel COSME JOAQUIM, Judge of the
Supreme Military Court; Colonel DOMINGOS SALVADOR DA SILVA, Judge of
the Supreme Military Court; and me, UNIVALDO CORRÊA, Judge-Auditor,
retired from Santa Catarina’s Military Justice, Brazil, and
Secretary-General of the IAMJ.
Firstly,
General Angel García Belda started the meeting with greetings from
the Spanish Government and the Central Military Court and, then, he
read a message from the Minister of Defense aimed at the members of
the IAMJ; after that, the President of the IAMJ welcomed all those
who were present and thanked the Spanish Government, through its
Ministry of Defense and, specially General Angel García Belda,
President of Spain’s
Central Military Court, and General Francisco Javier Mata Tejada,
Coordinator of this
Meeting, for welcoming the meeting in the beautiful capital of
Madrid; later, the President reported the activities of the
International Association since its creation saying that after the
II International Meeting of Humanitarian Law and Military Law in
Florianópolis, Santa Catarina, from 3 to 6 of December 2003, and
with the creation of the International Association of the Military
Justices (IAMJ), as a result of a meeting with the participation of
colleagues from various countries, one day earlier, on 2 December,
and being chosen to preside the Association, started to work
ceaselessly in order to organize the IAMJ; stated that, among some
of the activities he carried out, he shall highlight the following:
registered the International Association in the National Juristic
Person Record, at the National
Department of the Ministry of Treasury of Brazil, nº
06.077.349/0001-08; is requesting the register of the IAMJ along
with the Coordination of Justice, Titles and Qualification, of the
Department of Justice of the National Department of Justice, organs
of the Ministry of Justice from Brazil, in order to get the
qualification as an entity of National Public Utility; highlights
that, by getting such title, the IAMJ will not only be free of
paying Brazilian taxes but will also be recognized as a juristic
person entity, to all ends, facilitating contact with organs from
the Brazilian government and also granting subsidies; states that
the procedures to be recognized as a public entity, in Brazil, take
a long time; also opened a bank account at the Hong-Kong &
Shangai Bank Corporation (HSBC), for being a commercial bank with
agencies in almost all countries of the world; kept contact with
this bank, to which he presented a project of partnership for a
future sponsorship for our magazine and also for the III
International Meeting of Humanitarian Law and Military Law to take
place next year (2005), in a local to be defined in the following
meeting; said that, unfortunately, up to that moment, he had not
received a positive answer concerning the requests; also kept
contact with the Santander Bank and he presented a project of
partnership, too, which was enthusiastically received by the bank,
but the bank suggested that this request be made in the beginning of
next year, for all its budget was already over for this year; stated
that he shall continue his requests, with other banks or any other
company that may cooperate with the International Association; also
kept contact with Mr. President of the International Confederation
of Magistrate (ICM), Dr. Sidney Benetti, São Paulo’s Court of
Justice Judge, Brazil, who was present in our II International
Meeting in Florianópolis, where he was honored; highlighted that
the importance of this link with the ICM is owed to, among other
relevant factors, the fact that it gathers magistrates of 66
countries and shall allow the Association to be heard when the
subject submitted to the International Association of Magistrates is
related to the Military Justice; recalled, yet, a Jointly Meeting
with both the Brazilian Group of the IAMJ and the Association of the
Magistrates of the State Military Justices (AMSMJ) from Brazil, which took place in São Paulo, on 1 July this year,
where, with the presence of the magistrates, attorneys and lawyers,
the International Association was promoted in order to get more
members, be it natural person or juristic person; claimed
that he is bringing to this meeting many proposals so as to define
the logotype of our Association and, while there was not an
opportunity like this one before, when it is possible to have a more
direct contact with the Council of Administration, a model was
elaborated and such logo, which has been used in our correspondence,
was also chosen to be used in the cover of our magazine, which will
be presented right after; next, it is also presented the project of
the commendation for the Merit Cross of the International
Association, whose project was created at request of the
International Association, by Dr. Lauro Ribeiro Escobar, from São
Paulo State, who kindly donated his work for our entity; informs
that Mr. Lauro Ribeiro Escobar is a retired Attorney of the State of
São Paulo, was Prosecutor of Justice in many places in the state of
São Paulo, and creator of several commendations, and among other
functions, he was President of the São Paulo’s Council of Honors
and Merits, Professor and Lecturer in several courses, author of
more than three hundred heraldic works for the cities and states of
Brazil. Today, Dr. Lauro Escobar continues to dedicate time to the
study of heraldry, the study of flags and standards, and the study
of medals, and also, in his curriculum
vitae, which is shortly presented here, there are several
articles published in specialized magazines about these themes;
mentions, yet, the elaboration of a CD-Rom, in two volumes, with the
whole transcription of the II International Meeting of Humanitarian
Law and Military Law, which is about to be ready, but, due to some
difficulties, was not possible to be brought to this meeting;
presents, as follows, edition number 1 of our magazine, called “Humanitas
et Militaris”, (from Latin, meaning “humanity”,
“human nature”, and “of military”, “of war”, “of
warrior”), where 14 precious articles from various colleagues of
13 countries are published; said that he intends to publish annually
a new issue, for the initial idea of publishing it semi-annual is
becoming impossible, due to not only the difficulty in gathering
articles but also because our Association is still unknown and there
are some difficulties in getting sponsorship to get it published,
and also not to financially burden our Association, as it has been
occurring with this first issue; explains that, the magazine was
written in two languages, English and Spanish, basically, because
these are the two most universal languages spoken among the members
of the Association; highlights that, because of all that, is urging
that everybody make their comments, criticisms, suggestions and is
also requesting that the colleagues not only present their
collaboration for new articles but also get new collaborators so
that “Humanitas et Militaris” have a long life; at
last, he claimed that it is his duty to inform that our
International Association is receiving, since its very first moments,
a huge collaboration of the Association of the Magistrates of the
State Military Justices (AMSMJ)
from Brazil, which received us in its seat, in Florianópolis,
and which allows us to share all its resources, and that this
co-existence is fundamental for our International Association,
mainly in these initial steps; moving straight to the subjects, Mr.
President showed four models of the original logotypes of the IAMJ
to be discussed, and the original logotype was chosen, which is in
the cover of its magazine, with the proposal to insert something
which represents the Merit Cross and also something else to
represent the Military Law; after that, Mr. President moved to the
study of the project of the Merit Cross, with copies of the figure
and the meaning of the commendation for all those present, and it
was decided that the project be approved, altering both a balanced
positioning of the scale and the drawing of a sword which must be
more similar to a sword, for it reminds of a cross, keeping the name
“Merit Cross” and establishing that the correspondent diploma
must be created as well as the regulation which will fix the form
and who will be in charge of creating it; next, Mr. President passed
the word to Dr. Bona Garcia, Financial Director of the IAMJ, who
presented the financial balance sheet, highlighting that the major
income of the IAMJ is still the money gathered in the II Meeting of
Humanitarian Law and Military Law, which took place in Brazil, and
allowed the document to be examined by whoever might be interested;
Mr. President also reminded that, after opening an account at HSBC,
there was some difficulty in transferring the money from the members,
for it would be a high cost to send the money to the IAMJ account
and he is still trying to solve these problems; later, Mr. President
started the discussion about the possible ideas to change the
Statutes, proposing to Dr. Jorge César de Assis that it be reduced
from 50 to 40, the minimum number foreseen in article 11, first
paragraph; Dr. Marta Contich presented several proposals, which,
according to the decision of the group, will be taken to the Council
of Administration; as well as Mr.
President, for the modification of art. 23, where it would be
included the Council of Administration among those who can change
the Statutes, and that the members of the current Board of Directors,
when their mandate comes to an end, would remain in the Council of
Decisions as natural members, taking into account the experience
they would have, and also the mandate of the Council of Decisions
should follow the term given to the Council of Administration; that
all the proposals presented, mainly those of Dr. Marta Contich, be
handed in to the Secretary-General so that, after registered in a
new document of the Statute, they would be taken to all members of
the Council of Administration to be analyzed and presented in the
next meeting of the CA; Dr. Marta Contich suggested that the
admission to the IAMJ be regulated in a proper document, to be made
as soon as the Statutes be defined; after that, Mr. President
invited Capitan Radovan Maras to be a member of the Fiscal Council;
Mr. Capitan Maras said it is possible as long as his participation
be temporary and it is confirmed by means of a formal document to
his superiors, in Slovakia, which should be made through the
Secretary-General; moving to the last item in the agenda, Mr.
President recalled the III International Meeting of Humanitarian Law
and Military Law, which shall take place in the next year or in the
beginning of 2006; following, General Ernest Zwane claimed that it
will not be possible to seat the III International Meeting in his
country, but there is a remote possibility for the second semester
of 2006; next, Colonel Sérgio Cea, from Chile, stated that he shall
have a positive answer to seat the Meeting in the following three
months; and Dr. Erdmann also said that it would be possible to
consider his country for the year 2007 or even for 2005, as long as
he gets the necessary support form the North American government; Mr.
President highlighted that it would be possible to send to Dr.
Erdmann some data about possible expenses in a Meeting; it was
decided that an official letter would be written to the Head of the
Army of Chile to see such possibility, waiting for an answer from
Counselor Sérgio and, if there is no possibility, they would
consider the United States; that a new meeting with the Council of
Administration would take place
in South Africa in the year 2006, and in 2007 the IV
International Meeting in the United States, where a new election of
the Administration should be held; to end up, Mr. President thanked
again the colleagues from Spain and the presence of everyone.
Nothing else to say, the meeting was ended.
In order to make it evident, I, UNIVALDO CORRÊA,
Secretary-General of the IAMJ, hereby drew up this minute, which
shall be signed by all the present participants.
______________________________________________________
GETÚLIO
CORRÊA - Judge - President of the IAMJ - Brazil
________________________________________________________
ERNEST
ZWANE - Brigadier General - 1º Vice-President of the IAMJ - SOUTH
Africa
CHARLES
ERDMANN - Judge - 2º Vice-President of the IAMJ - UNITED States of
America
______________________________________________________
JOÃO
CARLOS BONA GARCIA – JUDGE -
Director of Finance of the IAMJ- Brazil
________________________________________________________
ANGEL
GARCÍA BELDA, General President of the Central Military Court –
Counselor of the IAMJ - Spain
________________________________________________________
FRANCISCO
JAVIER MATA TEJADA - General Auditor - Member of the Fiscal Council
of the IAMJ and Coordinator of this Meeting - Spain
________________________________________________________
BEATO
MANOEL PAULO - Magistrate Colonel – Military Public Ministry -
Counselor of the IAMJ - Angola
________________________________________________________
MARTA
ITURVIDE CONTICH - Lawyer of the Military Justice- Uruguay
________________________________________________________
SÉRGIO
CEA CIENFUEGOS – Colonel, Lawyer - Military Justice -Counselor of
the IAMJ - Chile
_______________________________________________________
MARIA
ESTER HENRIQUES TAVARES - General
Attorney of the National
Military Ministry, Brazil
________________________________________________________
ANTÓNIO
DOS SANTOS NETO - General President Judge of the Supreme Military
COURT - Angola
_______________________________________________________
CARLOS
ALBERTO MOREIRA BASTOS - Lieutenant General Vice-President of the
Superior Council of Military Discipline - Angola
________________________________________________________
COSME
JOAQUIM - Colonel Judge of the Supreme Military Court - Angola
________________________________________________________
DOMINGOS
SALVADOR DA SILVA - Colonel Judge of the Supreme Military Court -
Angola
________________________________________________________
OCTÁVIO
AUGUSTO SIMON DE SOUZA - Judge - representing THE
ASSOCIATION OF THE MAGISTRATES OF THE STATE MILITARY JUSTICES (AMSMJ)
- Brazil
JORGE
CÉSAR DE ASSIS - Prosecutor
of the Military Justice, REPRESENTING the president of the National
Association of the Military Public Ministry - Brazil
________________________________________________________
MIKULÁS
GARDECKÝ - Judicial Colonel Dr. General Attorney and Chief Military
Attorney of the Republic of Slovakia;
________________________________________________________
RADOVAN
MARAS - Military Attorney - Slovakia
_______________________________________________________
UNIVALDO
CORRÊA – Judge –
Secretary-General of the IAMJ - Brazil.
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