"In reality we are facing the clamor of an indigenous community that is waiting for the government to complete the process of demarcation of their traditional land", states CIMI attorney Paulo Machado Guimaraes.

The appeals court judge Assusete Magalhães, of the Federal Regional Court of the 1^st Region, dismissed the petition for habeas corpus filed by the Ministério Público Federal (MPF-office of the federal prosecutor) in favor of Rosivaldo Ferreira da Silva, known as Cacique (chief) Babau. The trial took place June 1^st in the 3rd Jurisdiction of the Regional Federal Court (TRF) and was attended by several people, including the sister of Babau, Glicéria da Silva.
Cacique Babau, Tupinambá leader of the Serra do Padeiro community in Bahia, was arrested 81 days ago. Babau has been at the forefront of mobilizations and struggles of his people seeking their traditional territory. Many have considered this the formation of band or gang. "The gang or band to which they refer is in reality an indigenous community that acts and struggles to guarantee their rights, especially for possession of land", said Guimarães, legal advisor to the Indigenous Missionary Council (CIMI).

Guimarães rose to the podium in the TRF presenting an arduous defense of Babau, and consequently, all indigenous peoples who have been persecuted and defamed by an intense criminalization process to which they have have been submitted. The CIMI attorney argued that investigations opened against Babau and other indigenous leaders were based on crime reports filed with the Federal Police by farmers who dispute ownership of the land. "Even the Federal Prosecutor dismisses as unfounded the classification of the indigenous actions and protests  as formation of a band or gang", said Guimarães.
This was the second habeas corpus dismissed by the TRF, of the three filed by the MPF in favor of Babau. According to Federal Judge William Mendonça Doehler, rapporteur of the section, there are still about four habeas corpus awaiting judgment. Which, according to him, will happen next week.
Prison
Babau was arrested before dawn on March 10, while sleeping at home with his wife and son. The truculent action by Federal Police occurred in an illegal manner, with evident violation of residence, arrest by unidentified federal police and delay in bringing the leader to the station. The arrest occurred at 2:30, but Babau did not arrive at the station in the morning presenting with hematomas on his face and experiencing kidney pain.
The brother of Babau, Givaldo Ferreira da Silva, has also been placed in preventive detention by Federal Judge Peter Holliday. He was arrested in front of the garage where he had brought his car for repairs in Buerarema. The two were transferred on April 16 to the maximum-security federal penitentiary in Mossoró, Rio Grande do Norte.

 

Note:

Two days later, Thursday, June 3rd the sister of Babau, Glicéria da Silva was arrested as well together with her two months old baby, when returning to the city of Ilhéus, in the state of Bahia. She is charged with participation in the hijack of a car. She is supposed to have done that in February, in the eight month of her pregancy.