News-Letter Nr. 486

Trial of the Murderers of Galdino Hears Witnesses

The Federal District Courtroom was the stage of the first testimonies on the stand of the four witnesses for the accusation in the third day of the trial of the murderers of the Pataxó Hã-Hã-Hãe Galdino Jesus dos Santos. The first to take the stand was the physician Maria Célia Martins Bispo, who treated Galdino at the Northside Regional Hospital (HRAN), in Brasília, on April 20, 1997. She was the last person to speak to the Pataxó Hã-Hã-Hãe. The second witness was Nairo Euclides dos Santos Magalhães, who caught the criminals fleeing the scene of the crime, chasing them in his own car and, with the help of his friend, Tatiana Barso Barreiras, wrote down the license plates of the fleeing vehicle. Then, Nairo went back and put out the flames on the body of Galdino with his car´s fire extinguisher. The third to take the stand was Tatiana Barso Barreiras herself.

These three witnesses contradict information given by the defendants, according to which Galdino was covered in a sheet that caught fire. The physican, Maria Célia Martins Bispo, further informed that a large amount of liquid had been poured on Galdino, contradicting the testimony of the murderers that stated they had thrown only a few drops of alcohol on him.

The Pataxó Hã-Hã-Hãe are extremely upset with the attitude of judge Sandra de Santis, who continues to favor the defense. The judge is at times so distracted that she smiled often during the testimonies, something that shocked Mrs. Minervina de Jesus, Galdino´s mother. "It seems she didn´t feel it too important. Whenever you hear something serious and sad, you don´t smile. You become serious," she declared.

Indignation against the judge, Sandra de Santis, was manifested by the Court audience, that reacted by correcting, in a loud voice, incorrect information she had transmitted to the clerk. Witnesses are questioned by the judge, by the prosecution, the defense and the jury, made up of four women and three men.

Cimi manifests its concern with the partial manner in which this judge, Sandra de Santis, continues to conduct this case, acting as if she were counsel for the defense instead of an impartial judge. "Our concern is that the attitude she has been demonstrating may influence the jury", states Roberto Liebgott, assistant-secretary.

The testimonies of the witnesses continued throughout the day. If concluded, Friday will be for debates between defense and accusation, with participation of the prosecuters and assistance from the accusation, who are the family´s attorneys. It is believed that the sentence will only be made known early Saturday.

Pataxó Indians Deliver Petition

A commission of 10 Pataxó Hã-Hã-Hãe Indians were absent from the Court to take part in an audience with minister Nelson Jobim, of the Federal Supreme Court (STF), and to deliver to him a petition with over 20 thousand signatures from the International Campaign for Demarcation of the Caramuru-Catarina-Paraguassu Indigenous Lands, in Pau Brasil, southern Bahia. Jobim is the rapporteur of the Action to Annul Land Titles that has been before the STF since 1982. The petition demands an expeditious decision in the case, a necessary measure towards securing tenure on the land. The Pataxó Hã-Hã-Hãe were accompanied by Cimi, federal deputies, Jacques Wagner (Workers’ Party - state of Bahia), Luiz Alberto (Workers’ Party - state of Bahia) and Walter Pinheiro (Workers’ Party - state of Bahia).

In the document delivered to the minister, the indigenous people declare that the situation of tension and violence in the region has worsened and that all parties have come to the conclusion that the matter must be decided swiftly. "On behalf of the Pataxó Hã-Hã-Hãe people, we request that this Court hears more attentively the voices of those who show solidarity to our struggle ". Minister Nelson Jobim listened to the indigenous leadership and promised that the case would be judged by the end of this month.

Brasília, 8 November 2001. Indianist Missionary Council - Cimi

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