Brother of Murdered Nun Pushes for

UNCLAS SECTION 01 OF 02 BRASILIA 000581

SIPDIS

SENSITIVE

STATE FOR CA/OCS/ACS, WHA/BSC

E.O. 12958: N/A
TAGS: CASC PGOV PREL BR TIP
SUBJECT: Brother of Murdered Nun Pushes for
Federalization of Case; U.S. Indictment Likely

Ref: A) Brasilia 532; B) Brasilia 437; C) Brasilia 369


1. (SBU) Summary. David Stang, brother of murdered US
citizen nun Dorothy Stang, visiting Brazil this week,
told Ambassador Danilovich that while pleased with GoB
reaction to his sister's death he believed it important
that the Brazilian federal government take over from the
state authorities the investigation and prosecution of
the case. He planned to meet with the Brazilian Minister
of Justice to push the issue. Three FBI investigators
traveled to the crime scene in recent days; the
Washington DC U.S. Attorney's Office will present the
evidence collected to a U.S. Grand Jury, seeking
indictments of all four suspects. End Summary.


2. (U) Ambassador Danilovich met with David Stang,
brother of murdered nun Dorothy Stang; Daniel Junge,
traveling with Stang to film a documentary; and Sister
Mary Ellis McCabe, a member of Sister Dorothy's order,
stationed in Ceara, Brazil, at dinner at the Ambassador's
residence March 2. (PolCouns, CG, and Special Ass't also
attended the dinner.) Stang and Junge were in Brasilia
to meet with Minister of Justice Marcio Thomaz Bastos
after visiting the site of Stang's sister's murder in
Para state. Stang thanked the Ambassador for the
Embassy's support and said that he was pleased with the
Brazilian federal government's reaction. He was very
critical, however, of Para state authorities for failing
to protect his sister and for failing to offer their
condolences during his visit.


3. (U) Stang believes that much of the progress made so
far in the case is due to federal involvement and was
disappointed at a recent statement from federal Justice
Minister Bastos saying that it was best to allow state
authorities prosecute the case. Stang believes that
state officials are too closely tied to the landed
interests responsible for his sister's death to pursue
the case vigorously. We encouraged him to raise these
concerns with the minister.


4. (U) Stang was scheduled to meet with Minister Bastos
March 3. Embassy confirmed the appointment, but was not
asked to attend. Stang and Junge depart on the evening
of March 3 for the U.S.


5. (SBU) Federal Police contacts working the case told
Legatt they believed the international spotlight was
strong enough to ensure that state officials would
successfully prosecute the four suspects (reftel B),but
that federal involvement would be necessary to carry the
investigation further (i.e., to powerful landowners who
may have ordered the murder, or tacitly agreed to it)..
Legislation passed in December 2004 as part of Brazil's
ongoing judicial reform gives the federal government the
right to federalize human rights cases that would
otherwise be left to the states. In addition, the
federal government probably has jurisdiction over the
case simply because the murder apparently took place on
federal land. Homicide in Brazil carries a sentence of
12 to 30 years. (Comment: We are somewhat mystified by
Bastos' reluctance to take over the case given the high-
level federal involvement so far and the opportunity to
use the murder as a test case for the new
"federalization" law. End comment).


6. (SBU) The Washington DC U.S. Attorney's Office,
Transnational Crime Unit, is pursuing an indictment of
the four individuals (three in custody, one at large) by
using Title 18, USC 2332, a statute on International
Homicide. The key elements of this statute require 1)
the victim be a U.S. citizen, 2) that the murder take
place outside the US, and 3) that the murder was carried
out to influence, pressure, or coerce a government or
civilian group. Stang's murder meets all the key
elements.


7. (SBU) In recent days, three FBI investigators (one
Brazil- and two U.S.-based agents) traveled to the scene
of the crime in the state of Para and collected reports,
photographs, and video from the Brazilian investigating
authorities. The FBI investigators also interviewed the
three subjects currently in Brazilian custody. A fourth
subject remains at large. One refused to talk and two
restated their involvement in the murder. Based on the
FBI interviews, coupled with the evidence collected by
the Brazilian authorities, the U.S. Attorney's Office
will present its case before a U.S. Grand Jury for
indictment - probably during March.


8. (SBU) Although an extradition treaty is in place,
Brazil's constitution prohibits the extradition of
Brazilian citizens. If a U.S. grand jury returns an
indictment against the four suspects, they can only be
extradited if they depart Brazil for a country that has a
bilateral extradition treaty with the US. If the
individuals accused of this crime remain in Brazil there
is no expectation that they will be prosecuted in the
U.S.


9. (SBU) Comment: Para state authorities have made
progress by capturing three of four suspects in the Stang
murder. Nevertheless, post shares the belief expressed
by a wide variety of observers that successful
investigation and prosecution will be much more likely if
the Brazilian federal government takes over the case.

Danilovich