Planted in the Earth - excerpt
October 12th, 2008PREFACE
Jan Rocha
When I interviewed Chico Mendes in Brasília a year before his death, I couldn’t understand at first why he almost never looked at me. His eyes darted here and there, scanning the street. It took a while for me to realize that he was expecting a bullet at any moment. Like so many other popular leaders, he lived with the certainty that the reward for his leadership would be death, not glory.
I worked as Brazil correspondent for the BBC for many years, during which time I covered a string of assassinations of local leaders – union men, religious figures, indigenous leaders, members of the landless movement. Rodolfo Lunkenbein, Raimundo Ferreira Lima, the Gringo, Margarida Alves, Santo Dias, Marçal de Souza and many others. Men and women of the church, from labour unions, indian tribes, of the land and of the city.
I remember the revolt and sorrow caused by each murder, many of which were forewarned and expected. I remember the emotional funerals, the impassioned speeches, the tears and cries of defiance, pain and refusal from family and friends.
But Brazil was under dictatorship back then. Any attempt to organize the people was considered subversive; anyone who challenged the status quo was dangerous. The assassination of popular leaders was part and parcel of the pervading repression.
When the military regime ended in 1985 and democracy was re-established, there was a general feeling that, however imperfect that democracy may be, the drive to rally the people, to protest against injustice, would nevertheless be legitimate, and that the use of violence as a method would finally be a thing of the past. But the assassinations kept coming: Chico Mendes, Jósimo Tavares, Expedito Ribeiro de Souza.
The 21st Century dawned and Dorothy Stang was murdered in 2005. Every time I travelled to the Amazon I learned of more, lesser-known deaths, such as those of Bartolomeu Morais da Silva, killed in Castelo dos Sonhos, Pará State, in 2002, and of Gedeão Rodrigues da Silva, murdered in Lábrea, Amazonas, in 2006.
Some of these deaths came as direct consequences of the impunity enjoyed by the hirers and hitmen of previous killings, committed during the dictatorship. One such case is that of Marcos Veron, the chief of the Guarani-Kaiowá, beaten to death in 2003, exactly 20 years after the murder of the Guarani leader Marçal de Souza, a crime that has gone unpunished.
With democracy in full flow, the true contractors – the economic and political interests threatened by the victims’ activities – would appear to have retained their power and untouchability.
A nation that allows its popular leaders to be murdered is a nation that wounds itself, that self–mutilates. Each assassination is a victory for backwardness, barbarity, fury and stupidity. This endless slaughter of the country’s most courageous and dynamic, idealistic and generous men and women comes at a high price. The killing of a leader is not simply the elimination of an inconvenience; it is a blow against hope, against the future.
Jan Rocha worked as Brazil correspondent for the BBC, The Guardian and other media outlets from 1974 to 2002. She is the author of various books, including Cutting the Wire: the History of the Landless Movement in Brazil (Latin American Bureau, 2002) and Haximu – The Story of a Massacre (Scheduled for publication in 2007). She is also the founder of CLAMOR – the Human Rights Committee for the Countries of the Southern Cone, set up in 1978.
INTRODUCTION
In May 1998, the leader of the Ororubá Xukuru, Francisco de Assis Araújo, was murdered in the city of Pesqueira in Pernambuco. Cacique Chicão was a national reference in the struggle for the protection of the rights of the indigenous peoples. He achieved nationwide renown for his work in the Constituent Assembly that ensured the recognition of indigenous rights in the nation’s new Constitution of 1988. For years he led his people’s struggle for the demarcation of their native lands in the Ororubá Mountains of Pernambuco, though he did not live to see the homologation of the Xukuru homeland, as he was shot dead at point blank range outside his sister’s house. It took more than three years before the contractor of the killing was finally arrested and four before the Public Ministry of the State brought charges against the gunman.
The crime shocked the nation and took a devastating toll on the Xukuru. Even so, the indians resolved to proceed with their reoccupation efforts and adopted as the motto of their struggle the words of Zenilda Maria Araujo, Chicão’s wife, spoken at her husband’s graveside: “Receive your son, Mother Nature. He will not be buried, but planted in your shade, as he would have wished, so that from him new warriors can grow”. Ask any Xukuru if their cacique was buried and they will reply: “No, he was planted in the earth”. Hence the title of this book, which is first and foremost a tribute to those who have lost their lives simply because they defended an ideal: the enactment of the rights set forth in the Constitution. Let each be a seed of the continuation of their struggle in others.
From the very conception of this book, which was developed in conjunction with the editors at Conrad, we understood these killings to be the contemporary equivalents of political assassinations, a term that always invokes the military dictatorship, when those who opposed the regime were arrested, tortured and killed by agents of the State. Of course, today, the perpetrators of such crimes are far more diverse, even if those committed by agents of the State – i.e., by the police – are still frequent. Nevertheless, the variety of participants and conflicts (so disparate are the rights for which the murdered militants have campaigned) demanded a search for theoretical references that could contextualize the theme within the current Brazilian reality. To our surprise, we found that there are no known studies on the subject, despite the fact that with each new crime the social organizations point yet more damningly toward the strong and common political element. As there is no clear definition of what constitutes a political assassination in the Brazil of today, we had to elaborate a concept of our own.
From the outset, we decided to exclude all cases related to disputes over possessions or power, which bracketed out all deaths resulting from armed robbery, kidnapping or gangland violence. I thank the philosopher and professor Paulo Arantes for his insight. According to Arantes, all of these crimes could be considered political to some extent as they occur within a society in which some are denied the right to “the dignity of the human person” (as expressed in the Fundamental Principles of the Brazilian Constitution) and the social rights that are the means towards obtaining that dignity, such as “education, health care, employment, housing, leisure, security, social security, the protection of motherhood and childhood, and support for the destitute” (Article 6). However, what concerns us here is not those who serve their own personal ends, but those who defend the collective rights of a group.
On the international level, the concept of “rights defenders” has gained force over the last decade, especially through the Declaration on Human Rights Defenders unanimously approved by the UN General Assembly in 1998. The text defines a defender as anyone who endeavours to promote and protect economic, social and cultural rights as set forth in the Universal Declaration of Human Rights. However, according to the lawyer Darci Frigo, from the organization Terra de Direitos (who received us for a conversation on the subject), traditionally speaking, only those who work professionally in guaranteeing a given right, whether lawyers, politicians, judges or monitors from international organizations, are considered defenders. The traditional discourse puts the victims of human rights violations into one camp and the defenders into another.
In a certain sense, “professional” activities in defence of human rights are of little interest to this book, precisely because it is impossible to separate what belongs to the normal fulfilment of professional duties, the tasks of which these people’s livelihoods consist, from the struggle in defence of rights per se, that is, their decision to take up a cause and fight for it. Of course, one could argue that a given professional opted for this or that area of work in the hope of defending particular rights, but such an affirmation would be far too speculative. Besides this, the assassination of a human rights “professional” generally receives a great deal of media attention anyway, given the heavyweight institutions to which they usually belong. Our research revealed that the crimes that tend to slip into the vacuum of indifference and oblivion almost always target an altogether different type of life: a much simpler life, the kind that society already forgets as a matter of course.
The majority of those killed for defending rights in Brazil consists of people with ties to social movements, people whose militancy is quite different to the activities of the professionals generally considered “defenders” by the UN. They are victims of violations who come together to lay claim to what is theirs by law. When the landless movement occupies non-productive farmland it is calling for the fulfilment of Article 184 of the Constitution, which establishes the social function of rural properties. When a group of students blockades a bus terminal, it is a political act to demand what is assured in municipal law: that fares must reflect the acquisitive power of the population.
For Darci Frigo, the position at the UN today is slowly veering towards recognition of “non-professional” militants as well. “They are vitally important to the consolidation of the human rights acquired down through history; to safeguarding an ethical platform that can serve as a parameter for mankind in avoiding its own self-destruction. They are essential to democracy”, says the lawyer.
We owe our next step in the development of the criteria that guide this book to the sociologist Silvia Viana Rodrigues, who introduced me to the concept defended by her fellow sociologist Francisco de Oliveira in the text “Politics in a time of indeterminacy: opacity and re-enchantment”. Drawing from the French philosopher Jacques Rancière, Oliveira supports the thesis that politics is “protest on the part of those who have no part”. Naturally, the fight for rights for those who have none generates conflict within society, as it implies a loss of privileges for those who do. For the sociologist, it is this dispute that characterizes politics. Nevertheless, social movements are vital to the functioning of the democratic regimen, as they work toward securing a “share” for the bereft – and they do this within the bounds of state law.
Let us return to the notion of political assassination from the time of the military dictatorship. Back then, not even a simple protest was permitted and heavy repression was considered essential to the regime’s preservation, indeed it was its chief ally. The contrary holds true for the democratic system. If democracy presupposes constant contention among different groups within the forum of politics, then the killing of a social militant is, in essence, a crime against democracy. “Today, political assassination is a crime against politics itself”, concludes Silvia Viana Rodrigues.
And so we found the blueprint we had been looking for since the beginning of our research: we would gather together all the cases of militants belonging to social movements who were killed for defending rights in the name of a group and tell their stories. We knew it would be difficult, considering that no such attempt had been made before. We expected it to be a slow task and the information sources to be both diverse and sparse, but we never imagined it would be practically impossible – throughout the entire country there is not one study, not one organization, no political party, sociologist, activist or journalist who has compiled a complete list of all the militants murdered in recent years.
That said, there have been some initiatives, and these have served as a basis for this book. Firstly, there is the detailed annual report published by the Pastoral Land Commission (CPT), entitled “Conflicts in the Field”, which lists all cases of agrarian-related conflict. The researcher Cássia Regina da Silva Luz was the first to alert us to the fact that this was not a list of political assassinations, as the CPT has no established concept of what constitutes such a killing. What we did know was that all of these cases were undoubtedly related to land issues, and that includes isolated ownership disputes between families or individuals, as well as victims murdered because of their professional activities; both categories we were obliged to exclude. Furthermore, the CPT list does not cover the deaths of urban militants or individuals killed for reasons other than the agrarian issue.
For obvious reasons, the Pastoral Land Commission’s list does not cover all of the killings across all the regions of the country. These murders often occur in remote places, where communications are precarious and there are no entities present that could bring them to light. Indeed, many cases that do feature on the list lack such basic items of information as the victim’s name or the date of the crime, as compilation relies solely on the details provided by the local CPTs. Nevertheless, thanks to the extent of the CPT’s access to the farthest flung corners of the nation, it remains a very extensive list, replete with information on the conflicts that give rise to these killings. We have arrived at the understanding that most political assassinations in Brazil revolve around the question of land, and this has made the CPT’s contribution to this book all the more essential – and for which we offer our sincerest thanks.
In order to draft the most complete list our limitations would allow, we decided to seek the help of other organizations, some of which follow the issue more closely, such as the NGO Global Justice, whose 2005 report “On the Front Line: human rights defenders in Brazil” deals with rights defenders assassinated during the period 2002-2005, and the Indigenist Missionary Council, which collates annual information on all of the indians killed nationwide. We also managed to gather further information, sparser but no less precious, from organizations like the Central Única dos Trabalhadores (an umbrella labour union) and the GLBT movement.
With the list compiled, fresh discoveries kept on coming; things we had suspected but lacked the evidence to prove. Most of the victims are poor and have little social prominence; many have received threats but not the necessary police protection, and the subsequent investigations into their deaths tend to proceed slowly either at police level or in the courts and all too often end in impunity for the killers and, even more frequently, for those who hire them. That being so, and despite the merely partial listing, we never hesitated to push ahead with the book. Our goal is not to bring the issue to a definitive close, nor to draw conclusions, which is always equivocal when dealing with a theme this complex. Limitations apart, our objective is to raise discussion: how is it that, in a democracy like ours today, political assassinations can still occur?
The question acquires fresh relevance in the face of the data published by the CPT. According to “Conflicts in the Field”, during the first three years of Luis Inácio Lula da Silva’s government (2003 to 2005) there were 146 land-related killings, as opposed to 76 during the same period of the previous government. In other words, an increase of nearly 100%, and that’s during the mandate of the first factory-floor worker to reach the presidency of the republic, a man who has represented the social movement, a union leader who was persecuted for his militancy.
Other questions arose during our research, such as: is there a pattern to these crimes? Who are the contractors and who are the hitmen? How does the justice system handle this kind of case in particular? What kind of media coverage do these cases receive (and, consequently, how much does the public know about them)? Why do most of these killings go unpunished? (At least that is how it feels to the militants). To what extent is the Brazilian State responsible for this? All of these questions are left unanswered and, once again, our role is to simply raise them for discussion.
So our blueprint was drawn. In order to put it into practice in the best possible manner, given the time and the resources at our disposal, we decided to focus on six specific political assassinations that together allow some understanding of the complexity of the conflicts in question, the tensions involved, who the victims were, how the police investigations were conducted and of how the cases proceeded through the justice system. We chose three cases of murders committed in rural settings – that of Dorothy Stang, the Felisburgo massacre and the killings of the indians Josenilson José dos Santos and José Ademilson Barbosa – and three murders that occurred in an urban context – that of the students’ union activist Anderson Amaurilio and of the union leaders Jair Antônio da Costa and Anderson Luís. The cases are not organized in chronological order, but according to theme, in such a manner as allows reflection to blossom naturally from their comparison. There is nothing random about the fact that the book opens with the case of the American missionary Dorothy Stang, murdered in February 2005.
Over the course of our research, as the stories took shape and revealed the depths of their complexity, countless questions began to emerge – questions that demanded, if not a definitive response, at least some lines of thought and pursuit. As there are no academic or scientific studies on political assassinations today, we decided to consult people who have spent years working directly with such crimes, following the investigations, denouncing their arbitrariness or providing support to social movements. We spoke to lawyers, jurists, teachers and militants. Each of these individuals shared some of the reflections they have accumulated over all these years of experience, and for this we thank them.
Following the accounts of the six selected cases is a list of 80 murders compiled over the course of our study and about which, thanks to the hard work of the journalist Marilise Oliveira, we managed to obtain information we consider essential to an understanding of what took place. As already mentioned, this was an arduous task, given the difficulties we experienced in gaining access to information sources. As such, there are a further 50 cases about which we were unable to find anything not already contained in the reports originally drafted by the organizations – which generally consist only of names, locations and dates. Nevertheless, we decided to publish this list of names in appendix, as a form of tribute. The appendix section also includes the full text of the UN Declaration on Human Rights Defenders and a bibliography of the reports consulted during our research, plus some links to useful Internet sites, all of which could provide a solid base for further research on the theme.
FELISBURGO, A LAWLESS LAND
The date of November 20th 2004 left its mark on the small town of Felisburgo in the Jequitinhonha Valley in Minas Gerais. Two years later, it was still remembered for the massacre that occurred at the Terra Prometida (Promised Land) encampment set up there by the Landless Rural Workers Movement. At the exact location of the crime, the Landless Movement erected five wooden crosses bearing the names of those who lost their lives.
At the time of the massacre, the Terra Prometida encampment was home to some 130 families, living in huts of wood, canvas and palm straw, who grew beans, corn and vegetables on its communitarian plot. Occupied since May 2002, the property was at the centre of a legal dispute that turned it into a “lawless wasteland”. A technical report by the Land Institute of Minas Gerais had concluded that, as the property had been illegally annexed to Adriano Chafik Luedy’s Nova Alegria ranch, it was to be considered escheated. It therefore belonged to the Union and could be used in agrarian reform. However, despite the report, no decision had yet been made as to who would be granted possession of the land: the farmer or the landless movement.
On that rainy November morning, like every Saturday, the camp coordinators convened for their weekly meeting. The meeting usually went on until mid-day, but on this particular Saturday it ended early, and by around half-past ten the group had already dispersed. Some went to heat up their lunch, others headed for the plantation. When the rain stopped, the prevailing calm was soon broken. At around eleven o’clock, some men were seen descending from the hilltop (the settlement was located at foot of the slope), dragging and beating an elderly member of the landless movement. It was a large group of some sixteen men, all dressed in normal clothes, though two of them wore masks. Others were carrying bottles containing what was soon discovered to be gasoline. It was only when the group reached the centre of the encampment that the settlers could see the arsenal they had with them, which included six 12 calibre sawn-off shotguns, a semi-automatic 380 calibre pistol, two 32 calibre revolvers, another 38 calibre and two carabines.
The invaders had been following the routine of the camp, so they knew that their main target, the camp leaders, should have still been gathered for the weekly meeting at that time. They also knew that fireworks were the signal for rallying the settlers to the centre of the camp, so as they descended the hillside they set off various, thus causing a small multitude to assemble. When they reached the centre of the camp, guns in hand, they released the elderly man and began calling for the settlement coordinators. One coordinator, Miguel José dos Santos, stepped forward and became the first fatal victim.
At the head of the group was Adriano Chafik, who, according to witnesses, delivered Miguel’s final death sentence before personally pumping four bullets into the chest of a man who had worked on his farm for 15 years prior to joining the MST. At Terra Prometida, Miguel coordinated production on the plantation alongside his brother Joaquim José dos Santos and was known for the enthusiasm with which he encouraged literacy among the older members (he had himself only learned to read and write after joining the movement). His brother was next in the invaders’ sights. “They opened fire, a hail of bullets: bangbangbangbangbang! We couldn’t hear anything else, just the popcorn [of gunshots], like there was pan-full of corn on a stove. People were screaming, screaming, screaming… By the time I could take a look there were already two on the ground. Then the stampede began”, says one MST member.
The shooting continued, and other victims fell. Among those who lost their lives in the squall of bullets was Iraguiar Ferreira da Silva, 23, who coordinated the work of the youngsters on the plantation and the leisure activities at the camp, especially the soccer kick-abouts. He was killed by a 12-calibre gunshot to his underarm while in a position of surrender. Married for a little over a year, he left a wife in the first months of pregnancy. Next to die was Francisco Nascimento Rocha, 72, shot twice in the head. He was on his way back from the plantation for lunch with his wife, Maria. On his belt he wore not a gun, but a sack of seeds he planned to sow later that day: pumpkin, watermelon and corn. One of the wounded, Juvenal Jorge da Silva, 65, fought for his life for some time, but the ambulance took three hours to arrive and he succumbed on the way to hospital.
In the hunt for the leaders, the invaders set alight to the central huts. The planks of wood and straw roofs caught fire quickly. The flames engulfed mattresses, pots and pans, clothes, documents and furniture. In hiding in one of the huts, Jorge Rodriguez Pereira, one of the senior leaders, managed to escape by the skin of his teeth and drag his way through the marsh that bordered the camp. He had to walk seven kilometres before anyone would agree to give him a lift into town, where he sought help.
Thirty-two huts were burned down and fifteen settlers were seriously wounded, including a 12 year-old boy shot through the eye (the bullet remained lodged in his skull for six months) and a man in his sixties shot several times in the abdomen. One member of the movement describes the terror: “We were pulling the wounded, injured in the arm, the leg, the ear, dragging them into the bush so they couldn’t finish them off. That was when I ran right into this big black guy who shoved a double-barrel shotgun up against my head and said –‘Run you thief, or I’ll kill ya’. My legs turned to jelly, but I ran”.
One group of gunmen kept watch at the entrance to the camp while another ran a herd of 500 cattle onto the communitarian plantation. The animals quickly destroyed the work of two years. The whole raid lasted no more than 20 minutes. When the gunmen left the locale, all that could be done was survey the destruction. The wounded were ferried through the clouds of smoke on hand-drawn carts to the road two kilometres away. With no vehicles, no police, no ambulances, the victims had to thumb for lifts to the hospital, waiting by the roadside in the driving rain, which had once again begun to fall. The survivors decided to abandon the camp immediately and were taken in truckloads to a market in the centre of the town of Felisburgo, where they were given clothes, mattresses and food donated by the locals. They buried the dead on Monday, then went and reoccupied the farm.
While the massacre perpetrated that morning was certainly a shock, it was not exactly a surprise – neither for the landless, nor for the local authorities. Ever since the area was first occupied there had been repeated threats from Adriano Chafik and his men.
A well-known farmer from the south of Bahia, Chafik owns an estimated 20 thousand acres in his state, devoted mostly to cattle ranching. According to the townspeople of Felisburgo, the Nova Alegria farm has belonged to the family for three generations, but was always run by hired farm managers, with the owners generally visiting ever two or three months. Before Adriano took over from his father, Antônio Chafik, the land was mainly used for coffee plantations and sixteen families lived on it as tenants. For every four days of work they did for themselves they had to dedicate a fifth to the services of their landlord. At the beginning of the 90s, Adriano decided to turn it all into pasture. In exchange for the land, the tenants were given huts on the outskirts of the town, where they conglomerated as an incipient suburb. Ten years later, some of these former tenants comprised the embryo of the movement that would retake part of the farm.
These ex-employees knew the true history of this escheated 568-hectare property, known as “Coné’s farm”. They say the land was occupied by an elderly man named Coné, who abandoned it and was never seen again. With absolutely no paperwork whatsoever, “Coné’s farm” was annexed to the Nova Alegria property, just as is said to have occurred with other plots as well. According to one witness, in the year 2000, Adriano attempted to “regularize” the situation by paying a functionary at the local land registry the sum of 240 reais to falsify the deeds of ownership.
It was “Coné’s farm” that the MST occupied in 2002. The Movement knew it had been unlawfully annexed and therefore belonged to the Union by law. What they did not know, however, was that the law would repeatedly forsake them. Two weeks after the occupation, Adriano Chafik arrived at the site accompanied by seventeen policemen, but with no judicial order, demanding the removal of the settlers. The movement refused to leave. Soon afterwards a meeting was held between the farmer and the occupants, with mediation by the local branch of Incra – National Institute of Colonization and Agrarian Reform. It was agreed that the Land Institute of Minas Gerais would make a legal survey of the area and propose a new encampment for the landless movement within a period of three months. Time passed and nothing happened. “When the deadline was up and Incra hadn’t given us any word, we thought, three months are over, end of agreement, now we’re gonna work. That’s when we decided to dig the plantation down here. But as soon as the lads swung the first hoe, along came the gunmen”, says one settler.
From then on, the threats were constant. Gunmen manned a permanent checkpoint at the entrance to the property, where they harassed any vehicles that tried to enter or leave. Influential in Felisburgo and well known to the other local ranchers, Adriano Chafik managed to stir up a hostile atmosphere against the settlers. In the words of one camp member, “some farmers said that if they got the chance they would poison the water supply to kill all the settlers here in the camp. We were scared. Some people couldn’t even sleep at night, waiting to see if someone was going to come to poison the water”. In the meantime, Chafik obtained a temporary eviction order from a regional judge, but the movement had the ruling repealed by the State Courts in August 2003. The threats intensified.
Much of the intimidation came in the form of rumours that circulated about town. According to witnesses, Adriano Chafik’s men made it known that they would kill anyone who dared cultivate the communitarian plot. Under such circumstances, the landless only ventured out in groups of at least five. Word even reached Jorge Rodriguez Pereira that there was a ten thousand-real price on his head. On various occasions, armed thugs came looking for the camp leaders. They promised five acres and a house if they moved camp. On another occasion, two brothers returning from the plantation were pursued by car. “When we’d be out there hoeing, the gunmen would fire shots in the evening before going away. In the morning there’d be more gunfire, just to show that they’d arrived”, one settler remembers.
The situation deteriorated in 2004. Calisto Chafik Luedy, Adriano’s cousin and a former chief of the Bahia police, started going in to Felisburgo on a regular basis to threaten the landless. Other men joined his gang, including two ex-settlers, Quitinha and Milton Pé de Foice, both expelled from the encampment under accusations of drug dealing and theft. Another adherent was a man known as Bila, who is suspected of having committed a homicide only days before the massacre. Other men helped patrol the encampment perimeter, including the feared gunmen Elias and Edmilson. As one settler tells it: “people used to see this Elias, right, out on patrol, sometimes with three guns; a lone guy with three guns, on horseback! It’s not normal! They said they were waiting for the right moment to attack”.
The routine threats were followed closely not just by the population of the city, but also by the local police and State Public Ministry. “From the moment these gangs began to form we already knew that something like this could happen. I asked the local police to take urgent measures. I dispatched at least four or five petitions during this period”, says state prosecutor Afonso Henriques de Miranda. Nor was there any shortage of complaints filed with the Felisburgo police. According to one MST member, each time they went there the police said they were too short staffed to provide protection. The movement claims that sometimes the statements given to the police were doctored. Once, for example, what actually went on the record was that the MST had threatened the farmer, not vice-versa. Only 35 days before the massacre, camp leaders were summoned to the police station to give account of the occupation. They took the opportunity to report the threats and request protection, and were given the police chief’s assurance that the relevant court authorities would be informed. “There’s a saying here that in the Jequitinhonha Valley justice is as hard to find as the meat in pastels. This massacre only occurred because of the impunity, the ranchers are guaranteed impunity”, observes Ênio José Nohnenberger, a state coordinator for the MST.
Days after the massacre, the gunmen hired in Felisburgo were arrested, along with Adriano Chafik, who confessed to the crime. They were charged with first-degree murder, attempted murder, grievous bodily harm and arson. However, two years later, only three of the accused remained behind bars: Washington Augustinho da Silva, Jailton Santos Guimarães and Erisvaldo Pólvora de Oliveira. The others, including Calisto Chafik, are still on the run. As for Adriano, he posted bail at the Supreme Court, which allowed him to await trial –with no set date - in liberty.
According to the prosecutor, Afonso Henriques de Miranda, Chafik’s defence team adopted the strategy of holding up proceedings. For example, “they lodged an appeal against the sentence, but without stating on what grounds, so the appeal had to be sent back so that it could be re-filed with the Court”. As if these comings and goings weren’t enough, the prosecution was afraid that the jury could prove lenient if the trial were held in the small town of Felisburgo, where Chafik wielded a great deal of influence. A good indication of this was the list of witnesses for the defence, which numbered 58 people, including the most respected ranchers, store owners and even the town mayor, Getúlio Rodrigues dos Santos, a member of the political party PFL. “If the trial is held here, impunity is assured. Feudalism rules here, the jurors fear the ranchers, nobody wants to stand up to them. And we need an exemplary condemnation here, because that’s the only thing that will intimidate those who do this kind of thing”, said Ênio José Nohnenberger. For the movement, handling the case at the federal level was one way out, and they lobbied in that direction. Another option was to have the trial moved to Belo Horizonte, where the rancher had much less influence.
Soon after the killings, Nilmário Miranda and Miguel Rosseto, the Minister for Agrarian Development, visited Felisburgo, where they promised the swift resolution of the area’s judicial situation. However, two years later, the process is still churning slowly. While the 568 hectares were already identified as unused, the rest of the Nova Alegria ranch – some 1,832 hectares – was considered productive. As such, Incra decided to file a request for expropriation on the grounds of violence against the landless movement, a valid legal procedure, but one hitherto untested in the country. The process drags on with no end in sight, much to the detriment of the settlers who remained at the camp. According to Ademar Ludwig, a regional coordinator for the MST, “As the land is still not legally registered in the residents’ name, they have absolutely no access to credit. They’ve been just left in limbo there for years”.
Life was never the same again at Terra Prometida. Terrified, approximately fifty families abandoned the camp. The huts had to be moved uphill, where the settlers could keep a constant eye on what was going on around them. Years later, the children still have nightmares, waking up crying in the middle of the night. One survivor of the massacre described the after effects: “I think I developed this thing in me, you know, it’s like, if I were to even hear a firework, that might be the end of me, I don’t know if I could take it. Anyone who went through what happened here knows the suffering… the hurt, hurt, hurt. To see someone just come up to a neighbour you’ve lived beside for years and take his life like that, in cold blood, just drop him in the dirt, killed, just like that …”. Adriano’s men started patrolling the area again and new rumours began to spread through the town. The atmosphere of uncertainty continued its reign. In the words of one settler: “They started prowling around the farm again, and then one day Adriano’s brother came up, close to the camp … They stayed there almost the whole day, under the trees, staring over here. Like, they’re watching our every move, aren’t they?”.
With a price on his head, one of the main leaders had to get used to being trailed by bodyguards wherever he went. But there was one thing that struck him as worse than living under the threat of death: “I keep imagining, If I have to have someone at my side at all times, he could be killed along with me. That worries me. Besides being a victim myself, I’m gonna make a victim of someone else too… That’s my predicament at the moment, you know, undecided. I have no choice, I have no financial conditions … We don’t trust the protection of the courts, so I guess I’m all at sea really. The way I see it today, is this: If I was single and had no kids, I think I’d just say: ‘whatever will be will be and I’ll face it wherever, whenever’. But I have two children, you see? One eleven and the other nine, and a wife who cries all the time, you know? Who… who… already kind of considers herself, you know, half a widow, right? When they ask her: ´Where’s your husband?’, she says ‘I don’t have a husband’. It’s like she does but she doesn’t, you know?”.