INTERNATIONAL  ASSOCIATION OF MILITARY JUSTICE (IAMJ)

 

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. 

 

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GETÚLIO CORRÊA - Judge - President of the IAMJ - Brazil

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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

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JOÃO CARLOS BONA GARCIA – JUDGE - Director of Finance of the IAMJ- Brazil

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ANGEL GARCÍA BELDA, General President of the Central Military Court – Counselor of the IAMJ - Spain

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FRANCISCO JAVIER MATA TEJADA - General Auditor - Member of the Fiscal Council of the IAMJ and Coordinator of this Meeting - Spain

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BEATO MANOEL PAULO - Magistrate Colonel – Military Public Ministry - Counselor of the IAMJ - Angola

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MARTA ITURVIDE CONTICH - Lawyer of the Military Justice- Uruguay

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SÉRGIO CEA CIENFUEGOS – Colonel, Lawyer - Military Justice -Counselor of the IAMJ - Chile

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MARIA ESTER HENRIQUES TAVARES - General Attorney of the National Military Ministry, Brazil

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ANTÓNIO DOS SANTOS NETO - General President Judge of the Supreme Military COURT - Angola

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CARLOS ALBERTO MOREIRA BASTOS - Lieutenant General Vice-President of the Superior Council of Military Discipline - Angola

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COSME JOAQUIM - Colonel Judge of the Supreme Military Court - Angola

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DOMINGOS SALVADOR DA SILVA - Colonel Judge of the Supreme Military Court - Angola

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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

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MIKULÁS GARDECKÝ - Judicial Colonel Dr. General Attorney and Chief Military Attorney of the Republic of Slovakia;

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RADOVAN MARAS - Military Attorney - Slovakia

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UNIVALDO CORRÊA – Judge – Secretary-General of the IAMJ - Brazil.