US embassy cable - 05BRASILIA606

C O N F I D E N T I A L BRASILIA 000606 
 
SIPDIS 
 
E.O. 12958: DECL: 03/07/2015 
TAGS: PGOV, CASC, PHUM, PREL, SOCI, KCRM, BR, Human Rights, TIP 
SUBJECT: BRAZILIAN GOVERNMENT REQUESTS FEDERALIZATION OF 
NUN'S MURDER CASE 
 
REF: A. BRASILIA 0581 
     B. BRASILIA 532 
     C. BRASILIA 437 
     D. BRASILIA 369 
 
Classified By: POLITICAL OFFICER BISOLA OJIKUTU.  REASON: 1.4 (D) 
 
1) (U) Summary.  On March 4, Brazilian Prosecutor General 
Claudio Fonteles submitted a formal request for 
federalization of the investigation and prosecution of the 
Dorothy Stang murder case to the Brazilian Supreme Court 
(STJ) and is currently awaiting a response.  The Association 
of Brazilian Judges (AMB) released an official statement on 
March 6 against the federalization request.  On March 3, 
David Stang, brother of Dorothy Stang, met with Justice 
Minister Bastos to express his strong position in favor of 
federalizing his sister's murder case.  End Summary. 
 
Federalization Request Submitted to STJ 
--------------------------------------- 
2) (U) On March 4, Brazil's Prosecutor General Claudio 
Fonteles submitted a formal request to the Supreme Court to 
federalize the Stang murder case, i.e. take it over from Para 
state authorities.  (Note:  Two months ago, the GOB passed a 
law that allows the Federal Prosecutor to take over major 
human rights cases from states.)  After analyzing state 
documents on the investigation, Fonteles concluded that state 
authorities were negligent in protecting potential victims, 
reducing violence in the region, and prosecuting the case. 
Fonteles further stated that Para state police have not been 
impartial and federalization is necessary to insure that the 
GOB honors international human rights agreements.  The STJ 
has not yet released a ruling. 
 
3) (U) The Association of Brazilian Judges (AMB) released a 
press statement to express their "full disagreement" with 
Fonteles' request because the AMB asserted that the state 
police "efficiently responded to the demands of the case and 
followed the necessary steps to investigate and punish those 
responsible."  The group pointed out that homicide 
prosecutions are a state-level responsibility in Brazil, and 
federalizing the case would be in conflict with Brazilian 
judicial norms. 
 
Stang/Bastos Meeting 
-------------------- 
4) (C) On March 3, David Stang, brother of murdered U.S. 
citizen nun Dorothy Stang, met with Justice Minister Marcio 
Bastos to press for federalizing his sister's murder case. 
Stang has been critical of state authorities for failing to 
protect his sister and believes that corruption and collusion 
with lumber and land interests in the state's judiciary would 
jeopardize chances for a fair and effective trial in Para 
state.  Our contacts at Ministry of Justice reported that 
Bastos expressed his confidence in the state judge in charge 
of the murder case but said that GOB authorities would 
consider federalization when investigations have concluded. 
 
5) (C) On March 7, Stang spoke to the Mission Consul General 
about his meeting with Bastos and said that the meeting "went 
well."  Stang said he is convinced that Bastos wants justice, 
knows Para is corrupt, and believes the federal government 
should handle the case. Stang also told the CG that Bastos is 
"a very compassionate man (who) very much wants to federalize 
. . . but (faces) a complicated situation."  Stang noted that 
he was pleased to learn that Fonteles submitted a 
federalization request to the STJ. 
 
Comment: 
-------- 
6) (C) It appears that Bastos is open to federalizing the 
case but may be unable to admit this publicly due to 
diverging opinions within Brazil's judicial system (per 
paragraph 3).  Despite the progress that the Para state 
police and judicial system have made in investigating the 
Stang murder and the AMB's stance against federalization, 
post continues to believe that the case should be federalized 
to ensure successful investigation and prosecution. 
 
DANILOVICH