WHEREAS
most officials settle for identifying the middlemen in the crime, and only
after many years — if ever — are the culprits sent to prison;
as a result, many cases end up forgotten and buried under a heavy police case
load
WHEREAS
many witnesses refuse to talk for fear of reprisals, while witness protection
services are weak and fail to provide the financial and psychological assistance
that witnesses need
WHEREAS
there are serious obstacles due to laws and authorities that block access
to public information in Brazil, including records of police investigations,
and this hampers the full exercise of freedom of information
WHEREAS
on December 8, 2004, the Brazilian Congress passed Constitutional Amendment
Proposal 29 on judicial system reforms, which among other measures establishes
federal jurisdiction over crimes involving human rights violations, including
violations of press freedom and crimes against journalists
WHEREAS
in many cases involving radio journalists and reporters killed in Brazil,
the crimes are linked to local politicians, police officers, or influential
local figures; this can stand in the way of a prompt, impartial and effective
investigation to identify the masterminds and others involved, and it is important
in these cases for the investigation to be conducted at the federal level
WHEREAS
in some situations, easy access to land borders and the delay in conducting
tests and investigations can allow criminals to flee and to cover up crucial
evidence
WHEREAS
the investigation into the 1995 murder of Reinaldo Coutinho da Silva remains
at a standstill, with the Civil Police alleging difficulties in obtaining
evidence that would lead them to the hired killers and instigators, and the
prosecutor who had reopened the case was unable to report on its status in
February 2005
WHEREAS
prosecutors Fernando Zaupa and Ricardo Rottuno, of the Amambaí judicial
district, are awaiting the results of the investigation into the murder of
radio journalist Samuel Román, who was killed in April 2004 in Coronel
Sapucaia, Mato Grosso do Sul, to decide whether to file charges and against
whom; the investigation was before the courts in Mato Grosso do Sul because
one of the defendants, Eurico Mariano, had enjoyed immunity as the mayor of
Coronel Sapucaia until he lost bid for re-election, and therefore the case
will be reviewed in the Amambaí judicial district; and there was not
enough time to file a complaint against the other defendants because it took
too much time to obtain the results of the autopsy
WHEREAS
Aristeu Guida da Silva was murdered on May 12, 1995, and Vladimir Rainieri
Pereira Sobrosa, one of those charged with carrying out the murder, received
a 28-year prison sentence, appealed the decision, and is now awaiting a new
trail, while two other defendants, one of whom is a police officer, are still
at large
WHEREAS
of those charged in the June 30, 2003 murder of radio journalist Nicanor Linhares
Batista in Limoeiro do Norte, Ceará, one is at large, another has died,
and the rest are in custody; the trial against those in custody is in its
final evidentiary stage; no specific clues or concrete evidence was submitted
regarding who might have ordered the crime; one of the suspected masterminds,
who was also a mayor, was not re-elected and therefore the Attorney General’s
Office filed a motion to transfer the privilege of immunity from the court
in Ceará to the Limoeiro do Norte judicial district; and investigations
are continuing into whether it would be appropriate for the federal judge
from the Superior Court’s criminal section to get involved in the case;
WHEREAS
the investigation into the death of Manoel Leal de Oliveira, murdered on January
14, 1998, did succeed in identifying those who killed the journalist but not
those who masterminded the crime; one of the defendants, Mozart (aka “Monzar”)
Brasil, was sentenced to 18 years in prison, but he appealed his conviction
and continues to work as a police official in Salvador; he was granted a habeas
corpus petition in record time to remain free while his appeal is pending;
one of the suspected masterminds, Fernando Gomes, was re-elected mayor on
October 3, 2004; and the other suspect, Marcone Sarmento, is in custody waiting
for a date to be set for his trial by jury
WHEREAS
the investigation into the murder of Edgar Lopes de Faria, killed on October
29, 1997, was transferred to UNICOC (Integrated Combat Unit Against Organized
Crime), and the masterminds of the crime have not yet been identified
WHEREAS
as part of the investigation into the involvement of former Mayor Paulo Dapé
in the murder of radio journalist Ronaldo Santana of Araújo, killed
on October 9, 1997, prosecutor João Alves da Silva Neto filed charges
against the widow of the murdered journalist for making false statements after
allegedly changing her statement in Dapé’s favor in exchange
for payment; and former Mayor Paulo Dapé has attempted on more than
one occasion to delay the rendering of witnesses’ testimony, including
his own, taking advantage of legal remedies available under the law
WHEREAS
even though there have been clues for more than a year as to the whereabouts
of a fugitive charged with the murder of José Carlos Mesquita, the
police, claiming lack of funds, did not attempt to capture Mesquita until
February 2005
WHEREAS
the five defendants charged in connection with the July 5, 1989 murder of
society columnist Maria Nilce Magalhães are in custody waiting for
a date to be set for their trial by jury
WHEREAS
the investigation was reopened into the murder of Nivanildo Barbosa Lima,
who was found dead at the Paulo Alfonso Reservoir on July 22, 1995, and the
Public Prosector’s Office began taking new evidence in the case, although
the frequent replacement of prosecutors could hinder the progress of the investigation
WHEREAS
the investigation into the April 22, 1991 disappearance of journalist Ivan
Rocha in the city of Teixeira de Freitas, Bahia, was inactivated even though
a police chief who spoke with the IAPA has fresh leads in the case, and there
are witnesses who saw the kidnapped journalist shortly before he disappeared
WHEREAS
former police officer Divino José de Matos, alias Divino 45, who is
charged in the November 11, 1984 hired killing of journalist Mário
Eugênio Rafael de Oliveira, was impisoned after a 17-year delay in his
conviction, but the masterminds behind the crime have still not been identified
WHEREAS
radio journalist José Wellington Fernandes, aka Zezinho Cazuza, was
murdered on March 13, 2000, and the primary defendant, former Mayor Genivaldo
Galindo da Silva, is in custody and faces at least 30 administrative actions
against him; the case was transferred to a court in Sergipe, but as of February
2005 he has not been convicted
WHEREAS
Genivaldo Ferreira Nogueira, aka “Batata,” the primary defendant
in the August 16, 2001 murder of Mário Coelho de Almeida Filho, had
been in custody since September 2002 but was granted a habeas corpus petition
in September 2003 to remain free while the case is pending, even though he
is also charged with two other homicides; and a motion was filed to change
the venue of Nogueira’s case to the judicial district that includes
the capital city, because he is an influential fugure in the city
WHEREAS
the Civil Police identified and captured those who murdered journalist Tim
Lopes of TV Globo, and the Public Prosector’s Office completed its work;
some of the defendants appealed the prosecutor’s decision to try them
and are awaiting a ruling on their appeal; the case is in the evidentiary
stage, which includes the taking of expert testimony and the investigative
work needed to bring to trial those who did not appeal the ruling; and the
trials should start in May 2005
WHEREAS
Domingos Sávio Brandão de Lima, the owner of the newspaper Folha
do Estado do Mato Grosso and the radio station Cidade de Cuiabá FM,
was murdered on September 30, 2002; the Civil Police identified five individuals
involved in the crime, including the mastermind; the mastermind, João
Arcanjo Ribeiro, is charged with heading up organized crime and is in custody
in Uruguay, although Brazil has issued a request for extradition; former Military
Police Corporal Hércules Araújo Agostinho (who fired the shots
that killed Brandão) was sentenced to 18 years in prison, and his motion
to reduce his sentence was denied; João Leite (charged with hiring
and issuing payment for the service) has his trial scheduled for May 31, 2005;
another defendant, Célio Alves de Souza (who provided logistical support)
is awaiting a trial date to be set for this year; and Fernando Barbosa Belo,
who was driving the motorcycle on which Agostinho fled, appealed the decision
and is waiting for the court’s ruling on his appeal
WHEREAS
the lawyer for the family of radio journalist Jorge Lourenço dos Santos,
murdered on July 11, 2004 in Santana do Ipanema, Alagoas, said that the widow
of the radio journalist was verbally attacked when she rendered her statement
at the regional police station; the alleged masterminds of the crime hold
powerful positions in the region and may be interfering in the investigation
into the murder; and so far no one has been taken into custody in the case
WHEREAS
Principle 4 of the Declaration of Chapultepec states: “Freedom of expression
and of the press are severely limited by murder, terrorism, kidnapping, pressure,
intimidation, the unjust imprisonment of journalists, the destruction of facilities,
violence of any kind and impunity for perpetrators. Such acts must be investigated
promptly and punished harshly”
THE MIDYEAR MEETING OF THE IAPA RESOLVES
to ask the federal government that cases involving human rights violations,
including murders of reporters and radio journalists, be transferred to the
Federal Police, and that a decision on transferring such cases be made quickly
and judiciously, as any delay would only encourage impunity
to request the expansion and improvement of the Witness Protection
Program, which currently fails to provide adequate security for witnesses,
and as a result many witnesses choose not to participate in the program
to ask the authorities to effectively ensure the right to
freedom of speech and access to information contained in public records and
police investigation files
to ask the Departments of Public Security of the states of
Mato Grosso, Mato Grosso do Sul, Bahia, Rio de Janeiro, Brasília, Sergipe,
Espírito Santo, Rondônia and Alagoas to provide the logistical
support and infrastructure needed for effective police investigations, including
payment of travel expenses for the transfer of suspects; expedited laboratory
services for ballistic, DNA, and fingerprint testing; availability of vehicles
for basic investigations; and expedited requests in relation to court orders,
arrest warrants, and prison sentences
to demand that police and criminal justice investigations
not only identify and jail hired killers and middlemen in crimes against journalists,
but those who order the crimes as well
to request that the state Departments of Public Security to
take the necessary measures to prevent the flight of those involved in committing
crimes
to request that the necessary measures be taken to prevent
bureaucracy and corruption from slowing down the progress of court cases and
delaying the conviction of defendants
to request that defendants holding political office also be
tried, even if this is done in a higher court, in order to prevent delays
in the investigation of cases in which they are involved
to request that members of the Public Prosecutor’s Offices
of the various states devote themselves earnestly to the investigations and
that new evidence and testimony be gathered to identify the culprits and ensure
that cases are properly shepherded through the justice system and are not
placed on hold every time a prosecutor or police chief is replaced
to request that the Ministry of Justice and the Uruguayan
government expedite the proceedings to have João Arcanjo Ribeiro extradited
from Uruguay to Brazil, so that he may be tried for the murder of Domingos
Sávio Brandão, among others
to request the assistance of the Paraguayan government in
capturing those charged with the murder of Samuel Román, given that
many criminals escape across the land border between Brazil and Paraguay
