Brazil
13.06.02
Urgent Interventions

Brazil: the impunity that surrounds the massacre of Eldorado dos Carajás

Case BRA 130602
Impunity in the massacre of Eldorado dos Carajás

The International Secretariat of the OMCT requests your URGENT intervention in the following situation in Brazil.

Brief description of the situation:

The International Secretariat of the OMCT is deeply concerned about the case of impunity that surrounds the massacre of Eldorado dos Carajás (Pará state), where 19 rural workers members of the movement Sin Tierra were assassinated.

Reliable sources affirm that on June 12th 2002, a unanimous jury decided to absolve 124 members of the military police accused of having participated in the massacre that occurred on April 17th of 1996. According to the reports, the seven members of the jury recognised the claim presented by the defence that declared that the officials had acted in response to an attack by the Sin Tierra members. A total of 127 officials of the military police had been accused of participating in the killing of 19 workers of the Sin Tierra movement.

According to the reports, the three officials that were at the head of the operation had already been condemned before being absolved. They were Col. Mario Pantoja, commander of the battalion of the military police in Marabá at the time; Major José María Oliveira; and Captain Raimundo José Almendra Lameira. The reports affirm that col. Pantoja had been declared guilty and condemned to 228 years in prison. He, nevertheless, won the right to appeal this sentence, while still in liberty. Later the jury absolved Captain Almendra Lameira, and condemned Major Oliveira to a sentence of 158 years in prison. Given that he had good records he was also granted the right to appeal the sentence.

The reports add that the police officers Jailton Ferreira da Silva, Genedir Chagas Feitosa and Lindon Jonhson Honorato Lima will be tried at the Consejo de Sentencia (Sentence Council) on 20th June 2002. Mr. Lindon Jonhson Honorato is currently facing a sentence of preventive imprisonment ordained by the judge Roberto Moura.

According to the sources, the Ministry of Public Affairs and the defence lawyers have been accused of making an agreement in order to absolve the military officers. The Ministry has vehemently denied this accusation. The reports add that the two main witnessed did not appear before the court, claiming that they had received threats. Those officers who had appeared before the judge to give their account of the events, declared having shot to the air and not the workers.

This trial has been recognised as the biggest in Brazilian history and has put the country under the scrutiny of human rights organisations. However, the sentences of the tribunal were made very rapidly. The trial lasted only one afternoon.

The International Secretariat of the OMCT is concerned that, after six years of the massacre of the Sin Tierra workers, there has been no one sentenced in relation with the case. OMCT is equally concerned about the security and physical and psychological integrity of the witnesses to this case and the members of their families.

Required Action:

Please write to the authorities in Brazil urging them to:

i. take the necessary measures in order to guarantee the security and physical and psychological integrity of the witnesses to the massacre in which 19 workers of the Sin Tierra movement were killed, as well as of their families;

ii. guarantee an immediate and thorough investigation in relation to the mentioned massacre, in order to identify those responsible, bring them to trial and apply the penal, civil and/or administrative sanctions as provided by the law;
iii. guarantee the respect for human rights and fundamental liberties in conformity with the national laws and the international norms on human rights, in particular with the dispositions of the American Convention on Human Rights and the International Pact on Civil and Political Rights, both ratified by the Brazilian government.

Addresses:
· Exmo. Sr. Dr. Fernando Henrique Cardoso, Presidente da República, Praça dos Três Poderes, Palacio de Planalto 3. Andar CEP: 70150-900 Brasilia, DF, Brasil Fax (+ 55 - 61) 322 23 14; 226-75-66; 226-60-37 E-mail: pr@planalto.gov.br.
· Exmo. Dr. José Gregori, Ministro da Justica, Ministério da Justiça, Esplanada dos Ministerios, T, 4. Andar 70.064-900 - Brasília - DF, Brazil. Fax : (+ 55 - 61) 321 15 65 // 226 79 80 // 322 68 17 E-mail : acs@mj.gov.br
· Exmo. Sr. Procurador Geral da República, Sgas L2 Sul. Q.603 Lote 23, 3 andar, Brasilia - DF - 70200-901, Brasil. Fax : (+ 55 61) 223 61 19
· Exmo. Sr. Presidente da Camara dos Deputados, Camara dos Deputados, Palacio do Congresso Nacional, CEP 000 Brasilia - D.F.- Brasil Fax : (+5561) 318 2117

Pará State:
· Sr. Governador Almir Gabriel; Governadoria do Estado da Para Belem, Para Brazil, e-mail :governo@ioepa.com.br; Coordenadoria de Comunicação: imprensa@prodepa.gov.br ; Fone: (+ 55 ) (91) 214-5534

· Sr. Manoel Santino Nascimiento Junior, Secretário Especial de Governo do Estado da Para:. (+ 55 ) (91) 248-1389 ; Fax: (+ 55 ) (91) 278-3358 ; e-mail: seegov@prodepa.gov.br

· Procurador Geral do Estado da Para: José Aloysio Cavalcante Campos ; Tel: (+ 55 ) (91) 225-0777 / 0788 Fax: (+ 55 ) (91) 241-2828 E-mail: progeral7@prodepa.gov.br

Please inform the Brazilian diplomatic representations in your respective countries.

Geneva, June 13th 2002

Kindly inform us of any action undertaken quoting the code of this appeal in your reply.