Newsletter nº 866: Chief of the Xukuru people sentenced prior to his defense witnesses testimony
- Chief of the Xukuru people sentenced prior to defense witnesses testimony
- Court grants Guarani Kaiowa community 90 days to remain in retaken land in Mato Grosso do Sul
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QUESTIONS RAISED OVER RIGHT TO PROPER DEFENSE
CACIQUE OF XUKURU PEOPLE SENTENCED PRIOR TO DEFENSE WITNESSES TESTIMONY
CRIMINALIZATION OF INDIGENOUS LEADERS
The May 21 sentencing of Xukuru Cacique (chief) Marcos Luidson in the Federal Court of Pernambuco occurred without several defense testimonies, planned for May 26. The deposition of Federal Deputy Fernando Ferro, in Brasília, was not provided until Thursday May 28. Also not heard was Raquel Dodge of the Federal Prosecutors office.
The case dates from 2003. After a murder attempt on Marcos, which killed two accompanying Xukuru, the community revolted and came down on the rival group responsible for the killings. The conflict entailed questions of alliances of this group with former invaders of the Xukuru indigenous land, who still claim possession of the land. In the uproar, objects and houses in the village were broken. Marcos, better known as Marquinho, is accused of organizing the revolt, which he denies.
Conflict over land
The violence occurs in the context of the land conflict, between de Xukuru and the former landowners. Ever since the Xukuru claimed their land, which was finally recognized by the Federal Government and demarcated in 2002, they suffered from violence, intimidation and murders instigated by former landowners. Marquinho´s father, Chicão Xukuru, who was murdered in 1998.
The indigenous land of the Xukuru people is located in the rural area of Pesqueira, in the state of Pernambuco. Both witnesses Ferro and Dodge were present the day after the conflict to record depositions from those involved.
Criminalization of community leaders
Cacique Marcos Luidson was sentenced to 10 years and four months in prison, plus a fine of 50.000 Brazilian real (about 17.000 euros). Upon receiving the news of the sentence, he said that he had expected the decision. The entire community understands that the impact reaches beyond those accused. At least 43 Xukuru – most of them with a leading position in the community – are currently being processed; two have been sentenced and imprisoned already; 31 have been sentenced and another ten await judgment.
It is widely held that elite politicians and economic interests of the region are behind an attempt to destructure the Xukuru community by means of criminalization of their leaders. During the investigation about the murder attempt and following revolt chief Marquinho was cited as a provocateur rather than a victim.
Judgment questioned
Both anthropologists and Human Rights organizations of Pernambuco question the investigation and judicial process following the conflict. In the very case of Marquinho, defense attorneys question both the failure to provide the right to proper defense and the length of the sentences, considered excessive. Apparent irregularities in witness processing by the Federal Public Ministry in some of the cases are also being questioned. The case will be appealed in the 5th Federal Regional Tribunal, in Recife, Pernambuco.
Supporters
Dom Francisco Biasin, Bishop of Pesqueira, asked in a memorandum, “How is it possible to summarily condemn a leader without first hearing the witnesses, thus cutting off the right to defense? How is it possible to anticipatorily hold an accused without proof, only on the “pretext” of dealing with a “dangerous” person?” The Bishop affirms that the criminalization seeks to undermine the self-esteem of the people and to divide them internally, weakening the Xukuru struggle.
Also among those repudiating the situation is the president of the Pernambuco Legislature, Isaltino Nascimento. The situation was denounced to the Organization of American States (OAS) in March 2009.
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COURT GRANTS 90 DAYS FOR GUARANI KAIOWÁ COMMUNITY IN RETAKEN LAND IN MATO GROSSO DO SUL (MS)
On May 27, Court of Appeals Judge Marli Ferreira, president of the Federal Regional Tribunal 3rd Region (TRF3), granted a period of 90 days for about 40 Guarani Kaiowá families to remain on land they have retaken near the municipality of Rio Brilhante, Mato Grosso do Sul. During this period the National Indian Foundation (Funai) is to undertake studies to verify whether the land is of traditional indigenous occupation.
The 450 hectare parcel of the Fazenda Antônio da Nova Esperança was occupied a year and a half ago by approximately 130 Guarani who identify the area as traditional territory of their people. If this claim is proofed right, the Federal Constitution grants them the possession of the area.
After the occupation, the Federal Court of Dourados had determined for removal of the Guarani. However, the TRF3 granted a 120 day period for a Funai study of the land. The state organ did not meet this deadline and, consequently, as of May 28 the indigenous occupants were threatened with removal.
In the decision published by Judge Marli, she stated that the Funai did not convince the Tribunal as to having sincere interest in resolving the question, having named an anthropologist for the study only in March, 2009. According to the Funai in MS, the ranchers had impeded entry of technicians to the area occupied by the Guarani. In fact, FUNAI alleged that also other FUNAI employees delivering basic food baskets to the families had been denied access.
The TRF determined that as of the decision, the Federal Police are to accompany FUNAI employees in their activities for the settlement. Every 15 days, the FUNAI is to send a report demonstrating the development of the study.
Caravan of Solidarity
On May 26 and 27 representatives of various social movements and Human Rights groups accompanied the Laranjeira Nhanderu community to avoid any aggressions in the possible eviction. The committee was not permitted to reach the settlement due to a barrier erected by the ranchers. The barrier, which as been up for a month, has prevented adequate health and education assistance from reaching the village. During this period a 12 year-old child has died. Other children are forced to walk 3 kilometers each day to catch the school bus.
See also: www.guarani-campaign.eu
Brasília, 2nd of June 2009
Cimi – Conselho Indigenista Missionário
