BRAZIL: CONSULTATION ON AIR BRIDGE DENIAL PROGRAM,

C O N F I D E N T I A L SECTION 01 OF 03 BRASILIA 002683 SIPDIS E.O. 12958: DECL: 10/05/2015 TAGS: SNAR MOPS MASS MARR KTIA BR POL MIL SUBJECT: BRAZIL: CONSULTATION ON AIR BRIDGE DENIAL PROGRAM, 5 OCTOBER 2005 Classified By: POLITICAL COUNSELOR DENNIS HEARNE. REASONS: 1.4 (B)(D). ¶1. (C) Introduction. On 10 October Embassy PolCouns, Air Attache and DEA Attache met with senior Ministry of Defense (MOD),Federal Police (DPF) and Foreign Ministry (MRE) representatives to review Brazil's Air Bridge Denial ("shootdown") program. The purpose of the consultation was to gather information to inform a Washington assessment of a renewal of the 2004 U.S. Presidential Determination regarding Brazil's implementation of its law permitting lethal force interdiction of aircraft involved in narcotrafficking. The Brazilian side was headed by Fernando Abreu, chief of staff to Brazil's Minister of Defense, and a key participant in the 2003-2004 bilateral negotiations that resulted in the USG recommendation of the Presidential Determination for Brazil. Also present were Major Brigadier General Cleonilson Nicacio Silva, chief of the MOD's International Affairs Division, who also was representing the Brazilian Air Force's Air Defense Command; Dr. Renaldo Urbano, Director of Counternarcotics Operation for Brazil's Federal Police; Dr. Wilson DeMazzio, internal security coordinator for the DPF. Working level MOD and MRE officials also attended the meeting. After welcoming remarks by Abreu, who highlighted the importance the GOB attaches to the successful negotiation of an understanding with the USG in 2004 on the sensitive shootdown issue, PolCouns suggested that the meeting focus on four areas: review of the 2004 exchange of notes with annexes that comprise the agreed understanding between the USG and GOB on the scope and operation of Brazil's program; GOB updates on data regarding interdiction incidents; GOB responses to questions regarding an incident earlier in 2005 in which Brazilian police fired on an aircraft during a counternarcotics operation, and ramifications of the incident for possible future bilateral consultations; and the possible necessity of asking Brazil to institute an operational pause in use of lethal force interdiction measures in the event there is delay in recertifying the Presidential Determination. The Brazilian side agreed to the format and the following report of the meeting is organized by those themes. Mission recommendation and action request are in paragraph eight. End introduction. REVIEW OF 2004 AGREEMENT -------------- ¶2. (C) PolCouns noted that the negotiated agreement between Brazil and the U.S. on the governments' shared understanding of the scope and operation of Brazil's program is memorialized in a September 2004 exchange of diplomatic notes which includes three annexes: a GOB paper (prepared in response to a USG nonpaper) on the scope, operation, specific safety measures and consultation aspects of Brazil's ABD program; a GOB response to a USG questionnaire on safety and operation procedures; and a GOB response to a complementary USG questionnaire on safety and operation issues. PolCouns asked if the GOB representatives had reviewed the annexes and whether there were any changes in the information provided by the GOB to the USG in those annexes in 2004. ¶3. (C) Abreu indicated that the Brazilian officials present had consulted earlier in the day with the national commander of Brazil's air defense system and reviewed the annexes in their entirety. Indicating that he was speaking authoritatively for the Brazilian air force, Brig. Nicasio affirmed formally to PolCouns that there have been no/no changes in the procedures outlined by Brazil in the three annexes to the diplomatic notes, and that the procedures described in 2004 remain in effect. When queried by PolCouns, Brig. Nicacio and Abreu confirmed that the GOB had published Notices to Airmen (NOTAMs) announcing implementation of the shootdown program, had conducted an extensive press campaign, and had placed pamphlets on the ABD program in numerous airports across the country. AIR FORCE DATA ON PROGRAM -------------- ¶4. (C) The GOB side also provided Brazil Air Force written data on interdiction incidents from 1 January- 31 August 2005, which complemented data provided to the Embassy in a consultation earlier in the year for the period from 17 October 2004 through 31 December 2004. Taken together, the data indicates the following activity in Brazil's program in the first year: ¶I. Unknown Air Tracks: 4,794 II. Suspect Air Tracks (suspect because of routes, though not necessarily illegal, and included in I above): 165 III. Interceptions realized: 254 a. Change of route: 3 b. Forced landing: 3 (a and b refer to the same incidents) c. Warning shots: 0 d. Shootdowns: 0 IV. Quantity of drugs ceased: 0 INCIDENTS INVOLVING POLICE -------------- ¶5. (C) Dr. Renaldo Urbano of the Federal Police provided the following key facts on an incident earlier in the year in the state of Rio Grande do Sul in which Federal Police agents had fired on a Piper Aztec airplane suspected of narcotrafficking: --The incident occurred during a Federal Police counternarcotics operation in Rio Grande do Sul in which police teams deployed to several air strips known to be used by narcotraffickers in anticipation of a landing by the suspect aircraft. The plane had been identified by police informants and had not/not been tracked by the Brazilian air force, which had no/no involvement in the action. (Brig. Nicacio confirmed these points, noting the suspect plane had flown below radar coverage.) --The suspect aircraft was tracked by a state police ultra-light observation plane, which followed the suspect plane to the landing strip. Police had no radio contact at any time with the suspect plane. --As the suspect plane landed on the air strip, its pilot apparently saw the Federal Police team setting up at the end of the runway to block any attempt at take off for escape. The pilot gunned his engine and headed directly toward the agents, posing a lethal threat to them, as well as to the police ultra-light plane closing in on the strip. In their self-defense, the agents fired small arms at the suspect plane, mortally wounding the pilot. The plane did not lift off and crashed on the ground into a tree. One unhurt survivor on the plane was arrested. ¶6. (C) PolCouns noted that the incident has raised some questions for Washington agencies about how such police actions fit into the broader GOB interdiction program. The GOB side indicated its willingness to engage in future consultations with the USG on the issue should they be requested. The Brazilian delegation then provided the following verbal and written answers to USG questions already submitted informally to the GOB on police actions in lethal interdictions, as follows: USG QUESTION: Does the GOB consider Brazilian police to be authorized under the 1998 law and 2004 Presidential Decree to exercise lethal force against civil aircraft? GOB RESPONSE: No. USG QUESTION: Does the GOB consider the 2004 USG-GOB shootdown agreement to cover actions taken by GOB components other than the Brazilian air force, such as Brazilian police? GOB RESPONSE: No. USG QUESTION: Does the GOB consider "Ground Control Measures" (MCS),referred to in the 2004 shootdown agreement, include the possibility of the use of lethal force against civil aircraft. GOB RESPONSE: No. USG QUESTION: Are personnel responsible for implementation of MCS aware of the prohibition of destruction of civil aircraft in service established in the Convention on Suppression of Illegal Acts Against the Security of Civil Aviation, signed in Montreal in 23 September 1971 ("Montreal Convention")? GOB RESPONSE: Yes. USG QUESTION: Under what circumstances, apart from self-defense, is the use of lethal force permitted against civil aircraft by Brazilian police (or any other agency other than the Brazilian Air Force)? GOB RESPONSE: In no circumstances. USG QUESTION: Have Brazilian police professionals (and those of other relevant agencies) already been informed of their role in pursuit of aircraft suspected of narcotrafficking and of procedures to be adopted to minimize loss of innocent lives? GOB RESPONSE: Yes. USG QUESTION: Are the professionals involved aware of the prohibition on destruction of civil aircraft established by the Montreal Convention? GOB RESPONSE: Yes. POSSIBLE OPERATIONAL PAUSE -------------- ¶7. (C) PolCouns indicated the commitment of Washington agencies to present a recommendation to the President regarding renewal of the Presidential Determination on or before 16 October, the date the current PD would expire. However, in the event of issues or problems that would delay renewal of the determination by that date, PolCouns asked if the GOB would consider a temporary suspension of the lethal force measures (i.e., warning shots and shootdown) in its interdiction program until any questions in the USG determination process can be resolved. PolCouns stressed that both governments could keep the fact of the suspension confidential, so as not to undermine the deterrent effect of SIPDIS Brazil's program on narcotraffickers while the determination issue is worked out. The GOB delegation indicated a willingness to consider such a suspension if necessary, but asked that the USG make its request on this to the Brazilian Air Force by no later than 13 October, should a suspension be necessary. PolCouns and Air Attache undertook to meet that requirement on behalf of the USG. MISSION RECOMMENDATION AND ACTION REQUEST -------------- ¶8. (C) The GOB's official declarations in this consultation affirmed that the ABD program described in the 2004 understanding between the USG and Brazilian government remains in effect and unchanged, functioning in the same terms agreed between the governments. Hence it appears to this Mission that the Brazilian program continues to satisfy the USG requirement that the program's safety procedures remain adequate to protect against the loss of innocent life in the air and on the ground. In view of this and also the GOB's stated willingness to discuss with us any issues raised by Brazilian police activities, we recommend that the Presidential Determination be renewed for Brazil. We also ask that Department inform us asap if there is likely to be a delay in renewal of the PD, so that we can coordinate with the Brazilian Air Force and MOD on a possible suspension of lethal force measures pending resolution of outstanding issues. DANILOVICH