On November 24, the Federal Regional Tribunal of the 1^st Region provisionally revoked the arrest order against Rosivaldo da Silva (Babau), of the Tupinambá people, cacique of the village of Serra do Padeiro, near Itabuna, in southern Bahia. The action by the Federal Police (PF) intending to apprehend Babau on Nov. 23 left more than 20 indigenous people injured.

 

Last week, in addition to the indigenous who were injured, at least two Tupinambá were arrested in actions by the PF.  The tension began about 10 days ago when the Federal Court in Ilhéus determined that the PF carry out the orders of reintegration of possession of lands of the Tupinambá in the region of Ilhéus and Itabuna.

 

On Nov. 24, Tupinambá leaders of Serra do Padeiro went to the Procuradoria Geral da República (PGR) in Ilhéus to denounce the brutal action of the police during the attempt to apprehend the cacique Babau. Analysts of the PGR took photos and collected depositions from the indigenous people injured. Next week, the organ needs to provide a response to the denunciation.

 

After hearing the indigenous people, The Prosecutor Fernanda Alves de Oliveira asked for the release from prison of one of the Tupinambá, Jurandir da Silva, who was released the following day (25). The other indigenous detainee had already been released.

 

The Commission of Human Rights of the Chamber of Deputies has also followed the case of violence against the Tupinambá. On the 24^th, the Commission sent a memo to the Ministry of Justice and the National Indian Foundation in Brasília soliciting information regarding what occurred and actions to protect the physical integrity of the people.

 

Tomorrow (31), a group with representatives from more than 30 entities, social movements and public organs of southern Bahia will be going to the village of Serra do Padeiro to provide solidarity to the people. Prosecutors from the Federal Public Ministry will accompany the retinue.

 

Brasília, 30 October of 2008

CIMI – Indigenist Missionary Counsel

[Conselho Indigenista Missionário]

 

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MOTION IN SOLIDARITY WITH THE TUPINAMBÁ PEOPLE

 

We, participants in the Workshop for study of the Statute of the Indigenous Peoples, conducted in the period from 04 to 06 November of 2008, in the municipality of Ilhéus –  Bahia, among the 130 leaders present were those of the peoples Pataxó Hã-Hã-Hãe, Tupinambá of Olivença, Pataxó of Extremo Sul, Tupinambá of Jequitionha, Tuxá, Kiriri, Kaimbé, Xucuru-Kariri, Payaya,Pankararé, Pankararú, Tumbalalá, Pankarú, Kantaruré (Indigenous Peoples of Bahia), Maxacali, Krenak, Pataxó, Mukurin, Kaxixó (Indigenous Peoples of Minas) and Tupinikim and Guarani (Indigenous Peoples of Espírito Santo) jointly with indigenous entities (APOINME),  indigenist entities (Cimi, Anai) and governmental organs: Funai, Ministries of the Environment, of  Justice, of  Social Development, PUC of Paraná, Companhia de Ação Regional of the State of Bahia, in view of the armed action by the Federal Police in carrying out of the order of reintegration of possession and arrest warrant between the days 20 and 23 of October of 2008, in the communities Serra do Padeiro, Tucum, Chapéu de Couro, that culminated shamefully in acts of violation and degradation of social organization, cultural rights, beliefs and customs of the Tupinambá indigenous community. The arsenal of war utilized in the offensive by the federal police causes perplexity and questions.

 

We solicit urgent provisions, among these:

 

\ immediate demand for establishing a formal police inquiry to investigate the crimes of torture, abuse of authority, damage to public and private property and robbery practiced by federal police during the denounced operation;

 

\ immediate presentation of exception of suspicion against the Authority of the Federal Judiciary  of the 1^st Jurisdiction and the Federal Ministerial Authority and conduct of representation to the federal correction organ, as well as to the National Counsel of Justice, that it be ascertained the responsibility of the judiciary and federal ministerial authority and expedited standards for carrying out judicial orders in analogous proceedings without violation of fundamental human rights of the indigenous peoples who seek the recognition of their illegally usurped possessions.

 

\ at the same time we extend our votes of solidarity and support to the Tupinamba People of Olivença, and especially to the above cited communities, victims of this process of institutional violence. That the force of the enchanted continue protecting and guiding the steps of their communities.

 

Ilhéus, 6 November of 2008.