Xukuru-kariri murdered

cimi@ax.apc.org
Fri, 2 Dec 1994 10:27:50 -0500


CHIEF OF THE XUKURU-KARIRI MURDERED AT FAZENDA CANTO

Recent land conflicts between Indians and farmers lead to the first
murder at Palmeira dos I'ndios in the State of Alagoas.

At dusk on Monday 14th November the Chief of the Xukuru-Kariri community
at Fazenda Canto, LUZANEL RICARDO DA SILVA, 57 years old, was brutally
murdered by a group of armed men trespassing on the Indian Area. According
to witnesses, after shooting the chief through the neck, the murderers
subjected him to three further shots and various kicks and blows. Two other
Indians were wounded in the incident. The first of these Jose' Camilo da
Silva, 54 years old, was hit by four bullets: one which caused a flesh wound
on his forehead, and another which went through his right shoulder, and two
which hit his right hand. The second was Atai'de Ricardo da Silva, the
nephew of the murdered chief, who was hit by a bullet just below the temple,
and another which lodged itself in a bone of his right arm.

The incident occurred less than an hour after a disagreement had taken
place between the members of the Indian community and former-chief Manoel
Celestino. The dispute arose because the former-chief was taking photographs
of houses and people in the area. When asked why he was taking the
photographs, the former-chief (who had been removed from office owing to his
ties with farmers engaged in trying to take the land away from the Indians)
replied that they were to illustrate a book by IVAN BARROS, who had asked
him to take the pictures.

Ivan Barros is a lawyer and former public prosecutor who is currently
representing the farmers, Leopoldino Torres, He'lio Alves and Rosival
Medeiros in a case against the Indians relating to the possession of the
land, and he considers himself to be an authority on subjects relating to
the Xukuru-Kariri. In fact, he is responsible for organizing farmers of the
region who wish to dispossess the Indians of their land, and conducts a
campaign by means of a radio programme called "Bom Dia Palmeira" on the
Radio Sampaio station, using which he spreads intimidation, defamation and
slandered against the Indian leaders and missionaries of CIMI (Indianis
Missionary Council).

Fearing for their safety and suspicious of the motives of the lawyer and
the former-chief, the Indian community refused to let Manoel Celestino
continue taking photographs. They expelled the photographer and searched the
party for weapons, which infuriated the former-chief, who then left the area
with all his family.

Moments later, while the Indians were in their homes, a taxi from
Palmeira dos I'ndios drew up, driven by Luiz Ferreira da Silva, alias Luiz
Queijeiro (who is not an Indian). Witnesses report that two or three persons
got out of the taxi at the telephone post which is strategically located by
the two roads providing access to the village. The taxi then proceeded to
the house of Quite'ria Celestino (daughter of medicine-man Miguel Celestino
who like her father has received death threats). Chief Luzanel approached
the vehicle, attempting to identify the occupants. Luiz Queijeiro used the
door to knock down the chief and then proceeded to shoot four shots at him.
Jose' Camilo and Atai'de Ricardo were shot as they tried to rescue the
chief, and only managed to escape being killed themselves by hiding in the
bush until the invaders had fled. In the next thirty minuets the invaders
fired shots and shouted insults in an attempt to lure the Indians into a
confrontation. Frightened and unarmed, the Indians remained in hiding in
their homes.

When the Indians requested that the Civil Police remove the body of the
victim and arrest the murders in the act of commission of their crime, the
local Police Chief refused, alleging that the case would have to be
conducted by the Federal Police.

The wounded were taken to the Emergency Unit at the Armando Lages
Hospital in Maceio', where they remained until Thursday 17th, when they
testified at the headquarters of the Federal Police before Police Chief
Bergson Toledo (who was born in Palmeira dos I'ndios). The Body of Chief
Luzanel was removed from the scene of the crime by the Indians and taken to
the Coroner's Office in Arapiraca, where an autopsy was performed, the
results of which are still awaiting signature of the expert witnesses.

Luiz Queijero and an Indian called David Celestino, nephew of
former-chief Manoel, who was identified by witnesses as one of the gunmen,
presented themselves to the Delegacy of the Federal Police on Friday 18th.
They accepted responsibility for the crime, but claimed that it had been
committed in self defense, and accused the Indians of attacking them with
clubs. As they had presented themselves spontaneously, and since the period
for arrest in the act of commission of the crime had past, both of them will
be allowed to await the criminal trial at liberty. If they are found guilty
they could be liable to between six and thirty years of imprisonment.

Meanwhile in Palmeira dos I'ndios the atmosphere was of high tension.
On the local radio farmer He'lio da Purina, former-chief Manoel, and lawyer
Ivan Barros have been taking turns in spreading a campaign to defame the
victims, accusing CIMI and the head of the FUNAI Post (Indian National
Foundation) of having instigated the violence. They allege that the incident
is purely an internal dispute among the Indians and claim that it has
nothing to do with any land dispute. They are attempting to influence local
public opinion against the struggle for Indians' rights and argue that the
case should be tried in the local District Court rather than in a Federal
Court.

In view of the various threats made against the leaders of the Indians
(and especially against Maninha Xukuru-Kariri, Quite'ria Celestino,
Gessivaldo and Miguel Celestino), the anti-Indian campaign being carried out
by the local radio stations by farmers who are accused of having been the
instigators of the crimes, and the risk to surviving witnesses owing to the
importance of their testimony, it is feared that at any moment new attacks
on the community may take place. In view of this situation on 18th November
Indian leaders, accompanied by Legal Advisors from CIMI, petitioned the
Regional Delegacy of FUNAI (in Maceio') and the Office of the Attorney
General of the Republic, to call in the Federal Police, with a view to
ensuring the security and lives of the community as a whole and the
witnesses in particular. After a tense two-hour meeting the representatives
of these two agencies, a telephone call was made to the Superintendent of
the Federal Police, Jose' Guedes Bernardes, who replied that such protection
was out of the question, owing to the scarcity of agents and the lack of
funding for the payment of daily expenses.

Thus the Indians, the survivors and the threatened leaders returned to
their homes without any guarantee that their lives would not once again be
placed in jeopardy.

In the light of this situation, which has been brewing since the land
conflicts involving farmers He'lio Purina and Leopoldino Torres last August,
CIMI considers it to be of extreme importance that organizations active in
the fields of Human Rights and Indians' Rights should show their support,
by helping to inform the local population of Palmeira dos I'ndios of the
injustices being committed against the Indians, putting pressure on the
Federal Government to provide guarantees for the life and physical integrity
of the Indians in the face of the threat of further aggression, and
demanding that the facts of the case be fully investigated and those guilty
punished.

CIMI - Indianist Missionary Council - Northeast Region
Recife, 21st November 1994.

The Authorities listed below could be sent letters with the following
wording:

In view of the murder of the Luzanel Ricardo da Silva, Chief of the
Xukuru-Kariri community at Fazenda Canto, committed on Monday 14th
November, and the wounding of the Indians Josi Camilo da Silva and Atamde
Ricardo da Silva, both from the same community, who attempted to provide
succor to the Chief, and in view of the persistent anti-Indian campaign
being conducted by local farmers and their lawyer, Ivan de Barros; We
request that Your Excellency take appropriate measures with a view to: a)
applying all efforts to guarantee the lives and physical and moral
integrity of the surviving victims and of other Indian leaders threatened
with death merely for the fact that they seek to exercise the most
legitimate and inalienable of their rights ensured by the Federal
Constitution and the demarkation and perpetual possession of their lands; b)
exhaustive and complete investigation of the facts of the case and the
punishment of those guilty, both the actual murderers and those who ordered
the killings.

The letter should be addressed to:

THE ATTORNEY GENERAL OF THE REPUBLIC
Dr. Aristides Junqueira Alvarenga
Ministe'rio Pu'blico Federal
SGAS Q 603 Lote 23
70200-901 Brasi'lia DF
Fax 0055 61 313-5197

THE ATTORNEY GENERAL OF THE STATE OF ALAGOAS
Dr. He'lio Jose' Tavares
Pra<a Visconde de Sinimbu, 105 - Centro
57020-720 Maceio' AL
Fax 0055 82 221-7781

THE PRESIDENT OF FUNAI
Dinarte Nobre Madeiro
SEPS 702 Edifi'cio Lex 3o. andar
70390-025 Brasi'lia DF
Fax 0055 61 226-8782

THE REGIONAL ADMINISTRATION OF FUNAI IN MACEIO'- ALAGOAS
Dr. Nascimento
Rua Libertadora Alagoana, 56 - Centro
57030-920 Maceio' AL
Fax 0055 82 326-4818

MINISTE'RIO DA JUSTI<A
Dr. Alexandre Dupeyrat
Esplanada dos Ministe'rios
70064-900 Brasi'lia DF
Fax 0055 61 224-2448

OAB Se<a~o Alagoas
Dr. Marcelo Teixeira
Pra<a Montepio dos Artistas, 60 - Centro
57020-350 - Maceio' - AL
Fax 0055 82 221-4369

PREFEITURA MUNICIPAL DE PALMEIRA DOS I'NDIOS
Sr. Helenildo Ribeiro
Pra<a da Independe^ncia s/n
57600-970 Palmeira dos I'ndios AL

DEPARTAMENTO DE POLI'CIA FEDERAL
Dr. Jose' Guedes Bernardi
Av. Fernandes Lima - Farol
57057-000 Maceio' AL