Re Gilbert (Admiral Ingram Camp Case)
| Número do processo | Case No. 37 |
| Data | 22 Novembro 1944 |
| Órgão | Supreme Court (Brazil) |
(Espinola, C.J.; Falcão, de Azevedo, Nonato, Barreto, JJ.)
Jurisdiction — Immunity from — Foreign Armed Forces — Crimes Committed by Members of — United States Armed Forces in Brazil during the Second World War.
The Facts.—On February 18, 1944, a Brazilian citizen, José Domingues Ramos, tried to enter the Admiral Ingram Camp in Recife (Pernambuco) in order to obtain payment of a bill from an American marine stationed there. This camp was a part of the American military bases temporarily established in Northern Brazil during the Second World War. The United States marine, Arthur James Gilbert, who was on guard at the entrance to the camp sought to prevent Ramos from entering. Ramos persisted in his attempt and was shot by Gilbert; he died four days later.
The local police authorities commenced a prosecution before the Third Criminal District Court of Recife, which on March 25, 1944, declared itself to be without jurisdiction owing to the military nature of the crime. The case then came before the Military Judge of the Seventh Military Region, who also declined jurisdiction on the ground that under Brazilian law both offender and victim were civilians and that the crime occurred without the camp although “within the sphere of supervision and guardianship of the marine Gilbert”. Before reaching this conclusion the Military Judge consulted the Ministry of Foreign Affairs as to whether there existed a treaty between Brazil and the United States of America embodying any provision applicable to the present case. The Ministry's reply was that “the conventions and treaties existing between the two countries do not contain any provision regulating the issue”.
In view of the negative conflict of jurisdiction that arose between the Third Criminal District Court of Recife and the Military Judge of the Seventh Military Region, the latter submitted the question of jurisdiction for decision by the Supreme Federal Court.
The opinion of the Attorney-General of the Republic, given on September 16, 1944, was that Brazil's Military Court had jurisdiction seeing that the injured man was a Brazilian citizen and the offender was a member of the armed forces of an allied State. At the request of the Supreme Federal Court, the Brazilian Minister for the Navy furnished the following information regarding the relationship between the American naval forces stationed in the naval base of Recife and the Brazilian naval authorities :
“1. The forces referred to are not subordinated in...
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