Brazil: Indigenous Leader Arrested
12/16/99
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Title: Brazil: Indigenous Leader Arrested
Source: Amnesty International
Status: Copyright 1999, contact source for permission to reprint
Date: December 16, 1999
U R G E N T A C T I O N A P P E A L
16 December 1999
UA 321/99 Fear for safety / Arbitrary arrest BRAZIL
Gerson de Souza Melo, Indigenous leader
Members of the Pataxo Ha Ha Hai indigenous group
Amnesty International is concerned for the safety of Gerson de Souza
Melo, a leader of the Pataxo Ha Ha Hai indigenous group, after he was
arrested on 15 December 1999 in the state of Bahia. The concern
follows the alleged ill-treatment in custody of other members of the
Pataxo Ha Ha Hai arrested in recent weeks during a time of extreme
tension over conflicting land claims in the Pau Brasil area of Bahia.
According to witnesses Gerson de Souza was arrested without a warrant
at gun-point at a police road-block as he was returning, at dawn, from
a special session of the Bahian Legislative Assembly's Human Rights
Commission during which he had denounced the current conflict between
the Pataxo and military police. The arresting police allegedly
threatened him and told him that they were avenging the deaths of two
colleagues, killed during an eviction operation of Pataxo and Pataxo
Ha Ha Hai, on 17 November. Two indigenous women arrested with him have
been released.
On 16 November, around 1200 Pataxo and Pataxo Ha Ha Hai occupied nine
estates on demarcated indigenous territory. The Pataxo deny any
involvement in the killings of the two policemen who were shot dead
when around 300 military police stormed the Pataxo encampments the
next day, ostensibly looking for arms (none were discovered). Several
Pataxo were beaten during the operation and twelve Pataxo, including
women, were detained and ill-treated for three days.
During the eviction the Pataxo withdrew from eight of the farms and
now occupy the Milagrosa estate. A large contingent of military police
remains in the area, ostensibly to protect other farms on demarcated
Pataxo territory. In recent weeks a mini-bus used to transport Pataxo
children to school was burned, and a bus carrying Pataxo was stoned by
local residents, injuring those inside.
According to indigenous rights organizations, the presence of state
military police in the area contravenes the Brazilian Federal
Constitution, which places responsibility for all matters relating to
disputes over indigenous territory with the Federal authorities.
BACKGROUND INFORMATION
Amnesty International has repeatedly expressed its concern over the
level of human rights violations against indigenous people in Brazil
in the context of disputes over land rights, which include assaults,
targeted killings and massacres. The organization believes that the
authorities' failure to arbitrate promptly in disputes between the
indigenous and non-indigenous community leaves the indigenous groups
vulnerable to violence against them.
Despite a stipulation in the 1988 Constitution that all indigenous
lands should be demarcated by 1993, only half of the 555 identified
indigenous territories have been demarcated. In January 1996, this
process was slowed down further with the introduction of Decree
1775/96, which altered administrative procedures for demarcation of
indigenous reserves. The Decree introduced procedures for
administrative challenges by non-indigenous claimants to indigenous
areas already demarcated and ratified by presidential decree.
RECOMMENDED ACTION: Please send faxes/express/airmail letters:
- expressing concern at the apparent arbitrary arrest of Gerson de
Souza Melo;
- expressing concern that he may be at risk of torture and ill-
treatment in detention;
- expressing the view that Gerson de Souza Melo has been arrested
solely as a result of his indigenous rights activities; - calling for
his immediate release;
- calling for a prompt, full and independent investigation into
allegations that members of the Pataxo Ha Ha Hai were attacked and
beaten by military police during an eviction operation on 17 November
1999;
- calling for a prompt, full and independent investigation into
allegations that 12 members of the Pataxo Ha Ha Hai were ill-treated
in detention following the eviction operation; - expressing concern
that the Pataxo communities continue to be at risk of violence;
- calling for federal police to be dispatched to the area in order to
prevent further conflict between Pataxo communities and state police;
- noting that indigenous groups are particularly vulnerable to violent
attacks where there is uncertainty regarding the legal status of their
territory;
- calling upon the authorities to end this uncertainty by completing
the legalisation of the Pataxo territory without further delay.
APPEALS TO:
Minister of Justice:
Exmo. Sr. Ministro da Justica do Brasil Dr. Jose Carlos Dias
Ministerio da Justica
Esplanada dos Ministerios, Bloco 23
CEP 70064-900 Brasilia - DF Brazil
Telegrams: Minister Justice, Brasilia, Brazil Faxes: 011
55 61 224 2448 / 322 6817 (if voice answers, say 'Fax, por favor' and
wait for the tone) Salutation: Vossa Excelencia / Your Excellency
Bahia State Governor:
Exmo Sr Governador do Estado da Bahia
Sr Cesar Augusto Rabelo Borges
Predio Governadoria
3a Avenida, 390
41750-300 Salvador - BA Brazil
Faxes: 011 55 71 371 0610 / 1905 Salutation: Vossa
Excelencia / Your Excellency
Bahia Public Security Secretary:
Exma. Sra. Secretaria de Seguranca Publica do Estado da Bahia Dra.
Maria Katia Alves
Centro Administrativo da Bahia
4a Avenida 430, 30 andar
41750-300 Salvador - BA Brazil
Salutation: Exma. Sra. Secretaria / Dear Secretary Faxes:
011 55 71 370 1823 / 1815
COPIES TO:
President, FUNAI (Fundacao Nacional do Indio - National Indian
Foundation)
Exmo. Sr. Presidente da FUNAI
Dr. Carlos Frederico Mares de Souza Filho SETS Quadra 702/902
Edificio LEX, 3 andar, Bloco A
70340-904 - Brasilia - DF - Brazil
Faxes: 011 55 61 226 8782
Indigenous Rights Organization:
Conselho Indigenista Misionario (CIMI) - Secretariado Nacional SDS Ed.
Venancio III salas 309 a 314
70393-900 Brasilia - DF - Brazil
Faxes: 011 61 2259401
Ambassador Rubens Barbosa
Brazilian Embassy
3006 Massachusetts Ave. NW
Washington DC 20008
Fax: 202 238 2827
Please send appeals immediately. Check with the Colorado office
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appeals after January 27, 2000.
This information is from Amnesty International's research headquarters
in London, England. A.I. is an independent worldwide movement working
for the international protection of human rights. It seeks the release
of people detained because of their beliefs, color, sex, ethnic
origin, language or religious creed, provided they have not used nor
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