JUDGES WARN THAT BRAZIL MUST DO MORE TO BATTLE

C O N F I D E N T I A L SAO PAULO 000991

SIPDIS

SIPDIS

STATE FOR WHA/BSC, WHA/PDA AND DRL
NSC FOR TOMASULO
SOUTHCOM ALSO FOR POLAD
USAID FOR LAC/AA

E.O. 12958: DECL: 12/19/2032
TAGS: PTER PREL PGOV OEXC OIIP KCRM BR
SUBJECT: JUDGES WARN THAT BRAZIL MUST DO MORE TO BATTLE
TERRORISM

Classified By: Econ Chief James B. Story for reasons 1.4 (b) and (d).

Summary
--------------


1. (C) Sao Paulo Supreme Court justices are concerned about
the possibility of growing ties between organized crime and
terrorism in Brazil. During a December 5-7 visit to Sao
Paulo by Greg West, Assistant United States Attorney and
Organized Crime and Terrorism Section Chief for the Northern
District of New York, judges told us that they are having
difficulty convincing the GOB that terrorism is a growing
threat and that the federal government must prepare for
Brazil's being used as a safe haven for terrorist activities.
Septel covers West's meetings on other judicial issues. End
Summary.


2. (C) Noting the Sao Paulo Supreme Court Criminal Section's
concern that Brazil does not have adequate legislation on
combating terrorism, Justice Luis Carlos Ribeiro dos Santos,
President of the Criminal Section, said that the Sao Paulo
Association of Judges sent a set of recommendations on
anti-terrorism legislation to the Brazilian Congress in 2006
(Note: Brazil does not have an anti-terrorism law. End
Note.) Justice dos Santos further stated that the Criminal
Section, which handles organized crime, has seen disturbing
cases concerning the possible links between terrorism and
criminal groups. Judge Jose Amado de Faria Souza noted the
difficulty in convincing the GOB that terrorism should be of
concern, even within Brazil. According to Souza, a "younger
generation" of justices and public officials has close ties
to many officers in the Brazilian armed forces who share
their concern of a growing threat of terrorism to Brazil. He
said that the "older generation" of justices and politicians
does not want to admit that organized crime exists nor that
it has any ties to terrorism. This group is more focused on
issues such as public corruption and more traditional crimes
such as theft and murder, Souza added.


3. (C) Justice Souza told West that in several cases he
reviewed, surface-to-air missiles had crossed into Brazil
through the Tri-Border Area (Brazil, Paraguay, Argentina) or
from Colombia after criminal groups such as the Comando
Vermelho in Rio de Janeiro purchased them for possible use
against the police. Fellow judges said that with the porous
nature of Brazil's large frontiers and the fact that the GOB
does little to provide manpower to monitor the borders,
smuggling drugs and weapons into Brazil is not difficult.
(Note: Justice Souza offered to pass information to us on
cases we may find of interest. Post is following up. End
Note.)

Comment
--------------


4. (C) Although we do not have independent verification of
Justice Souza's account of heavy arms going to criminal
organizations, we do know that criminal groups continue to
seek and purchase more expensive and sophisticated weaponry
to battle the police. While this is not necessarily to be
associated with international terrorism, the activities
carried out by these groups are certainly violent, of a large
scope, and present a serious threat to local governments.
Justice Souza's assertion that surface-to-air missiles are
among the list of heavy weapons being smuggled into Brazil is
disconcerting and could potentially pose a much larger
criminal and terrorist threat. Post is working to verify
this information and will report septel. End Comment.


5. (U) This cable was coordinated with Embassy Brasilia.
WHITE