Call #237 July 2001

In April 1996, in Eldorado dos Carajas, in the State of Pará, the Brazilian State Police fired at a demonstration of farmers of the People Without Land movement: 19 people were killed and among them a 3 years old child. August 1999, in Belém, was held the trial of the three officers who commanded the military police operation. This trial resulted in the acquittal of the 3 officers. The families of the victims, the People Without Land movement and the organizations for the defense of Human rights were struck with stupor. The scandal created by this case forced the Federal political authorities of Brazil to repeal the first judgment. A long lasting legal dispute started. The Trial, which was first planned for May 28, then June 18, was postponed to a later date, which is still not determined. The People Without Land movement and the organizations for the defense of Human rights are strongly mobilized to see that justice is done.

On April 17 1996, in Eldorado dos Carajas, 1500 peasants without land started a 700 kilometers long march towards Belém. Since the beginning of the year, they had been camping near an uncultivated land estate, which must be requisitioned by the I.N.C.R.A. (Federal Institute in charge of the farming reform). Tired to wait in vain the answer of the I.N.C.R.A., the peasants decided to show their discontent in Belém. The Governor of the State of Pará immediately sent military troops in Belem. A dispute broke out with the demonstrators. Suddenly, the State force fired at the demonstrators with a machine gun. 19 people were killed and 60 wounded.

First legal dispute

The majority of the 154 policemen accused lives and work in Marabá. Considering that the conditions necessary for a fair trial could not be found in this city, The prosecution asked the transfer of the trial in Belém. The People Without Land movement (MST) and the Brazilian organizations initiated an international campaign to support this request. Réseau-Solidarité also took part in this action (Call n°198 - December 1998).

Thanks to the recourse to the Federal Supreme Court, the trial took place in Belèm where, it was believed that a dispassionate trial could take place. But in August 1999, when the trial eventually started, the judicial power of the State of Pará revealed its true face to the world: the three officers who commanded the police operation in Eldorado dos Carajas on April 17 1996, were discharged by the jury of Belém on August 20, 1999.

The reactions which followed the acquittal

The Department of Public Prosecution, in the person of Prosecutor Marco Aurélio Nascimento, deserves respect. He decided, along with the lawyers of the accusation, to refuse to take part in the other jury trials of military personnel involved in the Eldorado slaughter until the action to quash the first judgment is taken up again and he raised the objection of suspicion against Judge Ronaldo Vale. He received the complete support of the Department of Public Prosecution.

President Fernando Henrique Cardoso, and Secretary of State for Human Rights, M. José Grégori, also showed their anxiety concerning this impunity.

A campaign started in Brazil and outside the country to obtain the annulment of a dangerous and shameful judgment. Again, Réseau-Solidarité took part in this campaign (Call 211 - September 1999). The judgment was repealed; a new trial may take place.

Legal strategy

The People Without Land movement quickly drew a lesson from the first trial in Carajas. For this organization, it is necessary to prevent the rich landowners from putting the pressure on the state judges of Brazil, and particularly on the judge of the State of Pará. The People Without Land movement therefore asked the Senate and the National Congress of Brazil to pass a law which transfers the authority, in cases dealing with infringements of human rights, to the Federal jurisdiction, so as to ensure" a greater impartiality in trials concerning serious violations of human rights".

This step was about to reach a positive conclusion when, suddenly, legal proceedings took another strange turn. Judge Eva do Amaral Coêlho who is in charge of the case did not give in the past evidence of her independence with the rich landowners. Outrunning the People Without Land movement, she first convened the court for May 28 2001, then for June 18 2001. The judge also withdrew from the file the result of the survey carried out by the experts of Unicamp (University of Campinas, State of São Paulo). This survey, made on the basis of videotape of the slaughter clearly shows that the police opened fire, when Police experts always told the contrary.

Faced with the strong mobilization of the People Without Land movement and of the public opinion, the judge was forced to step back, but she decided to order a countervaluation, which will take time. The trial is therefore postponed to a later date.

Faced with the pressure exerted by the rich landowners on judge Eva do Amaral Coêlho, the organizations for the defense of human rights have no recourse but to see that justice is done. Réseau-Solidarité which has followed the case since its beginning, keeps on working to see that a fair trial may take place in the case of the Carajas slaughter.

" Caros Amigos Especial "

The editorial staff of Info Terra and Frères des Hommes France in order to prepare the mobilization on this case has published an exceptional number of the Brazilian review Caros Amigos.

This review reports almost entirely the development of the slaughter enabling to understand the judicial stake of the case. The review sheds a light on the elements of the first trial which resulted in the acquittal of the persons responsible for this slaughter and which was the object of our call. The review also includes a long interview of Brother Henri Burin des Roziers, member and legal adviser of the Pastoral Commission of the Earth,

Write to

Exma. Sra.

Dra. Eva Coelho do Amaral

Juiza da Vara Criminal

Presidência do Tribunal de Justiça do Pará

Praça Felipe Petroni, s/n

66015-080 Belém PA

Fax : 00 55 91 2182454 ou 00 55 91 2412970

TEXTE PROPOSE

Senhora Juíza,

Informado pelo Réseau-Solidarité (10, quai de Richemont 35000 RENNES - France) manifesto minha preocupação. Acompanhei os últimos acontecimentos relativos ao julgamento dos responsáveis do massacre de Eldorado dos Carajás e lamento a suspensão da sessão de júri prevista pelo dia 18 de junho p.p.

Espero que a nova data será marcada rapidamente e que, sob a presidência da Senhora, este julgamento se realizará de maneira imparcial.

O mundo inteiro está acompanhando este acontecimento histórico e espera que os responsáveis do massacre serão julgados de maneira exemplar.

Atenciosamente

(signature)

Translation

Mrs. Judge,

I am much worried by the postponement of the trial in the case of the Carajás slaughter.

I hope that a new date will be soon fixed for it, and that under your chairmanship, a fair trial will take place.

All over the world people will follow closely this historical trial and hope that the conditions of a fair trial will be gathered so that the persons responsible for the killing of the 19 peasants may be condemned.

Respectfully