Judgment of chief raises questions over right to proper defense

 

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 5^th 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.

 

Meanwhile, many organisations expressed their support to the Xukuru people demanding a fair trial:

 

·          The IX Assembly of the Xukuru People

representing the 23 Xukuru villages;

·          Truká, Kambiwá, Kapinawá, Pankararu of Pernambuco;

·          Potiguara of Paraíba;

·          Anacé of Ceará;

·          Conselho Indigenista Missíonario (CIMI);

·          Centro de Cultura Luiz Freire (CCLF);

·          Centro Josué de Castro

·          Fio Cruz

·          Pastoral do Menor da CNBB/ Regional de Nordeste II

·          Biblioteca Multicultural de Olinda

·          Diocese de Pesqueira

·          Dom Francisco Biasin, Bishop of Pesqueira

·          Dom Pedro Casaldáliga

·          Professors and Students:

·          UPE Universidade de Pernambuco

·          Federal University of Paraíba:

·          Researchers, Professors and Students of the

·          Aggeu Research Center Magalhães/Fiocruz

·          Universidade Federal de Pernambuco, who work with

 the Xukuru of Ororubá on environmental and health issues

·          APOINME- Association of Indigenous Peoples and

·          Organizations of the Northeast, Minas Gerais and Espírito Santo

·          Via Campasina in solidarity with:

·          Comissão Pastoral da Terra – CPT

·          Conselho Pastoral dos Pescadores – CPP

·          Federação dos Estudantes de Agronomia do Brasil – FEAB

·          Movimento dos Atingidos Por Barragens – MAB

·          Movimento dos Pequenos Agricultores – MPA

·          Movimento dos Trabalhadores Rurais Sem Terra – MST

·          Pastoral da Juventude Rural – PJR