Showing posts with label Dorothy Stang. Show all posts
Showing posts with label Dorothy Stang. Show all posts

Tuesday, April 13, 2010

Vitalmiro Bastos de Moura Convicted (Again) in Dorothy Stang's Murder

Excellent news:

A jury in the Brazilian city of Belém has sentenced a rancher to 30 years in prison for the murder of an American-born nun, news agencies reported.

The rancher, Vitalmiro Bastos de Moura, was convicted of ordering the murder in 2005 of Sister Dorothy Stang, from Dayton, Ohio, a longtime organizer of rural settlers and the poor in their efforts to protect their land from seizures by cattle ranchers and timber merchants.

Globo News, in Sao Paulo, reported Tuesday that the jury reached its verdict late Monday night after 15 hours of deliberations. The trial was the second appeal in the case, and the decision on Monday upheld the original conviction from 2007.

After being found guilty in 2007, Bastos de Moura, or "Bita," was acquitted in a second trial in 2008 (and for those wondering about double jeopardy, in Brazil, first-time convicts sentenced to more than 20 years are automatically given a re-trial). The third Trial took place after the state of Para's top court ruled that video evidence that Bita's defense used in the second trial was inadmissable, effectively rendering this third trial his "second" after Brazil's Supreme Court upheld the Para court's ruling. Now, it appears that Moura will actually serve time for contracting the murder of Dorothy Stang.

The conviction itself is huge, as it is one of the first times that a powerful rancher has been found guilty for his role in the murder of a land rights activist. Of course, Para sees many such murders, including just last week, and it is often commonly accepted that the wealthy landowners are often behind those murders but never see trial due to their power in the region. Certainly, Stang's case is particularly high-profile, but it is still extremely encouraging to see at least one landowner has been punished for his deeds, offering tentative hope that perhaps ranchers involved in future contracted murders will also be punished within the Brazilian courts (or at least deterred from hiring killers in the wake of Bita's sentencing). As Rebecca Spires put it, the only real chance at ending the murders in the Amazon is to go after the contractors; otherwise, the killings will most likely never cease. This is a good step in that direction, and if nothing else, Stang's case alone is an encouraging case of elites in Para not being protected by their money or status.

Monday, April 05, 2010

Movie Review: They Killed Sister Dorothy

Taking Lyrad's suggestion, I sat down and watched They Killed Sister Dorothy last night. The documentary traces the murder of American nun Dorothy Stang in the Brazilian Amazon, and is subtly divided into three parts: the first deals with her efforts to create a new type of sustainable land-holding for the poor in the Amazon in the face of local opposition, culminating in her murder; the second part focuses on the trial of the poor gunmen accused in the murder; and the third (and longest) part focuses on the trial of a ranch-owner accused of hiring the gunmen to kill Stang. However, the documentary is far from blocky; the directors and editors do a spectacular job threading the three stories together so that it flows seamlessly, even while the three acts play out.


The background is fairly straightforward: Stang had begun mission work in Brazil in the 1960s, and had developed a plan of sustainable development in which the landless were given land to own. They could farm and clear 20% of this land as they deemed appropriate, but the other 80% (composed of rainforest) was to remain untouched. The program, or "PDS" (Sustainable Development Plan) would thus simultaneously allow landless to gain access to their own plots and prevent the destruction of the Amazonian rainforest. Stang's program received nominal support from the federal government, but also met with widespread opposition in the state of Para, as both ranchers and poor farmers were openly antagonistic to Stang and to her plan, ultimately leading to her murder.

The two gunmen involved in the murder are quickly arrested, as is a middle-man who allegedly set up the murder, and they are quickly found guilty. This is unsurprising, as anybody who studies any part of Brazil knows that the legal system is really two systems in one; a legal system for the poor, who are unable to afford wealthy lawyers, lack political connections, and are quickly condemned; and the wealthy, who are often connected to political elites (especially in states like Para), can afford elite lawyers, and who usually walk. What is curious in the Stang case is that the lawyers for Vitalmiro Bastos Moura ("Bita"), the ranch owner accused of contracting the murder, also offered his services to the poor gunmen who could not begin to pay for his services. Both gunmen refuse the lawyer's services in the 11th hour, though, suspecting they're being set up as fall guys by the lawyer so that Bita can walk free. Both gunmen admit to the killing and are sentenced, but not before implicating Bita in the murder of Stang.

This situation sets up the last half of the documentary, which focuses on Bita's trial. After admitting in their own trials that Bita had contracted the gunmen, they then say in Bita's trial that he never contracted them, and that they had acted on their own, thereby contradicting their own admissions in the earlier trial (apparently, perjury charges either do not exist in Brazil's legal system, or operate differently, I'm not sure). As the trial proceeds, Bita's conviction looks increasingly unlikely, as his lawyers raise numerous issues, including allegations (which seem patently absurd by this point in the narrative) that Dorothy had contracted murders of people in the region herself, the arrival of the FBI in questioning the gunmen, and perhaps most importantly, the defense lawyer appealing to Brazilian nationalism by portraying Stang as part of an American imperialist project that wanted to colonize its own state in the Amazon and deny Brazilians the right to their own land and to use it as they want. This aspect of the argument was particularly brilliant (if offensive), because it very well could have worked; Brazilians of all political stripes are extremely suspicious of foreign groups trying to save the Amazon, be they NGOs, government organizations, or individuals. Even the most politically astute and aware will often fly into blind suspicions and accuse NGOs of just working for the government so that the "First World" can further exploit Brazil. These arguments sometimes are nearly sensible ("why does the rest of the world get to tell us how to use our land when we can't tell the United States, or Russia, or China, how to use theirs?"), but they are often illogical or inconsistent. Nonetheless, it is one of the ways in which national identity affects Brazilians throughout the political spectrum, and by appealing to that nationalism and suspicion of the U.S., the defense lawyers were making a very astute move. I don't want to give too much away, but I'll say this: as the trial continues, I couldn't help but be wrapped up by the suspense the film-makers create, actually feeling my blood rush a bit faster as it reached the climax, even though I knew the outcome. To me, that speaks of the highest ability to weave a story and get viewers invested, and in that regard, the film was a magnificent success.

One of the more interesting aspects to me was seeing just how Brazil's criminal legal system functions in trials. I had my own extensive experience with the Brazilian legal system, but it was much different than the one the movie documents. It was noticably different, ranging from the ways in which witnesses were addressed to the set-up of the court itself (the charged sits isolated in the middle of the floor in front of the tribunal, separated from his defense, though apparently they can still consult him during the trial). It offered a fascinating insight into how different legal systems function, raising as many questions in my mind about how the U.S. system functions as how Brazil's does.

I had a hard time finding any flaws with the film. Certainly, as a specialist (of the dictatorship, no less), I was very curious about what Para was like in the 1960s, and how the military dictatorship might have responded to Stang's (or others like her) arrival (if they were even aware of it). I also would have liked more individual interviews with the poor in the area, both in favor of and against Stang, to get a more diverse understanding of why they viewed her the way they did, but admittedly, that's not the film's focus, and we do get a decent sampling of those voices in the first part of the film; I was just interested in getting to even more of those voices (though perhaps it will just have to wait for my own or somebody else's research).

But these are hardly serious "complaints" that undermine the quality of the film. It speaks highly of the depth and lucidity of the documentary that there are many aspects of the film I haven't even begun to go into: the legal roadblocks that Stang's friends and family encounter in their search for justice; the living conditions, hopes, and fears of those poor families who are a part of the PDS; the sheer sliminess of Bita's lawyers, who clearly overwhelm the poorly-paid prosecutors as representative of how the wealthy benefit in Brazil's justice system; and many other aspects. The movie manages to cram a lot of detail and information into the narrative while never overloading the senses or overwhelming the viewer with information, making it an excellent documentary for specialists on Brazil even while being completely accessible to everyday viewers. I cannot recommend this film strongly enough, whether you're interested in the environment, social justice, Latin America, legal suspense (the story outdoes anything most authors of crime/legal suspense novels could ever offer, even when you know the outcome), or just the documentary format.

Thursday, April 01, 2010

Bad News for Environment and Environmentalists in the Amazonian Basin

There have been some pretty terrible news stories regarding the Amazonian basin over the last few days that are worth pointing out.

First, a leading Amazon activist was shot and killed yesterday in the state of Para, just hours after a court delayed the retrial for the murder of Dorothy Stang. Pedro Alcantara de Souza was the leader of landless farmers in the rural state of Para, and two men on motorcycles apparently shot Souza 5 times in the head while Souza was riding his bicycle. While authorities are sending a team from Belem (the capital of Para) to investigate, the murderers have not been taken into custody. I usually hate to jump to conclusions, but given the strength of elite landowners in the region, combined with Souza's opposition to what are often illegal land-grabs on the part of those same elites, this was almost certainly a contract murder. Such is the way it often works when individuals fight for greater land reform and more equal distribution in the Amazon; it happened with Stang, it happened with Chico Mendes, and it most likely has happened again with Souza.

Additionally, foreign industry is also taking a toll on the environment, with the government's help. I've commented before that environmental policy may be one of, if not the single, deficiencies historians may find in Lula's government. These problems are not always limited to the Amazon, either; a hydroelectric dam that the Brazilian government contracted out to a Canadian company is wreaking havoc on both the environment and citizens in rural Minas Gerais. The dams are one of Lula's pet projects, and he's pushed heavily for hydroelectric power to supply Brazil's growing population with energy. In doing so, he's been nearly blinded by the highly-problematic use of dams, even while ignoring less destructive options like sun- and wind-power (and with well over 4500 miles of coastline, Brazil could easily take advantage of both). Instead, people in the interior are forced to witness dislocation and destruction in the name of hydroelectric power. Certainly, as he gets ready to leave office, Lula is enjoying some of the highest approval ratings he's ever had. However, it's worth repeating: his administration has been far from perfect, and as we begin to assess it historically, environmental policy will mostly likely be a dark stain on what has probably been one of the greatest administrations Brazilian history has seen.

Of course, Brazil isn't the only one facing these issues from foreign investment. This week, a court ruled in favor of Chevron in an arbitration case between the oil giant and Ecuador. Chad has commented before on the role of petroleum companies in the Spanish Amazon. Certainly, oil companies didn't need any more encouragement to degrade the environment and the residents of the Amazonian basin, but the court's ruling in this case certainly strengthens Chevron's arguments that it has done nothing wrong in spite of overwhelming evidence otherwise.

Saturday, February 06, 2010

Man Who Contracted Dorothy Stang's Murder Back in Jail

This is excellent news:

A landowner accused of ordering the murder of American nun Dorothy Stang in the Amazon in 2005 is reported to be back in jail after turning himself in.

Vitalmiro Bastos Moura was originally convicted for the killing in 2007. The verdict was overturned a year later but he is now due to face a retrial.

The Brazilian report says he turned himself in after Brazil's Supreme Court refused Moura's request for habeas corpus, upholding the Para state court's ruling. Of course, the fact that Moura will get a new trial isn't fully encouraging - he's wealthy enough that he may be able to avoid a second conviction; the first conviction simply never should have been overturned in the first place. Still, this isn't completely hopeless; Moura was wealthy in the first trial, and was still found guilty; perhaps the outcome will be the same in the second. If nothing else, at least right now, the Supreme Court's ruling sends the message that wealthy landowners who hire poorer people to kill those trying to protect indigenous lands and the environment in the Amazonian basin will not remain immune from their murderous actions, and that alone is an important message to send. Hopefully, Moura will (once again) feel the full force of that message.

Tuesday, April 07, 2009

A Second Chance at Justice in the Dorothy Stang Murder

Last year, I was dismayed when a Brazilian court overturned the conviction of Vitalmiro Bastos de Moura, who was earlier convicted for ordering Stang's guilt.

Well, in the wake of the good news in Peru today, there's more great news out of Brazil:

A Brazilian court on Tuesday ordered the arrest and retrial of an Amazon rancher acquitted of orchestrating the murder of American nun and rain forest activist Dorothy Stang.
Para state's top court reversed last year's not-guilty verdict for Vitalmiro Moura on a technicality, ruling that a video used by the defense was not admissible as evidence, the state prosecutor said.

This is just outstanding. Over the past two decades, over 1,100 environmental activists and poor people have been murdered in Brazil's Northern and Northeastern regions over land disputes and conservation efforts, and for way too long, the elites behind these murders and the land-grabs that precede or follow them have remained immune. Moura's overturned conviction last year was definitely a low-point in the justice system in Brazil. But this new ruling changes everything - Moura can go back to the courts where he was originally found guilty (Brazil has no double-jeopardy laws), and hopefully witness the same justice that the poor men who were convicted and whom he hired to murder Stang. It's rare that justice gets a second chance, especially against Brazil's landed elites; hopefully, this ruling will help overturn that trend. I doubt it will, but even if it doesn't, at least there's a chance for Moura to end up back in jail, where he rightfully belongs.

Thursday, May 08, 2008

Justice Undone in the Dorothy Stang Case

This just infuriates me:

On Tuesday, after a two-day trial, a jury in Belém, in Pará State, acquitted the man, Vitalmiro Bastos de Moura, of conspiracy in the murder of Sister Dorothy Stang in February 2005.
The trial was the second in which a jury had considered Mr. Moura’s role in the killing. He was convicted and sentenced in May last year to 30 years in prison on charges of ordering the killing of Sister Dorothy, 73, who was a staunch advocate of protecting the rain forest.
Under Brazilian law, a retrial is required for first offenders who are sentenced to more than 20 years. This time, the jury voted 5 to 2 to accept the defense contentions that Mr. Moura had no motive to be involved in Sister Dorothy’s killing and that it had been carried out solely by Rayfran das Neves Sales, who confessed to shooting her and is serving a 28-year sentence.

I'm sorry, but no. Para, where Stang was killed, is notorious for corruption and the landed elite doing pretty much anything they want to, be it illegal logging, graft with politicians (who are also from the landed elite), and even intimidating and killing people who try to save the environment and fight for the rights of the poor. And there is just no way, who is already serving time for her murder, and who was a poor worker in the area, decided to just shoot Stang without any goading or payoff from anybody, particularly given that, this time, he just magically changed his entire story and said it wasn't Moura's gun and that nobody paid him off. No way. Not in this case, and not in just about any land-struggle case in Para. Tom Stang, Dorothy's brother, is dead on:“That guy [Sales]was offered up as a sacrificial lamb. But the darker forces that created him have been allowed to go free.” This is just terrible news in a case that should have seen fuller justice for an important voice in the land-rights and conservation struggles in Brazil.

Wednesday, October 24, 2007

Sentence in Dorothy Stang's Murder upheld

I've written about Stang before. She was the former American nun who fought for the poor to have access to land in Brazil and who was murdered last year. Yesterday, in a re-trial, a judge upheld her murderer's sentence of 27 years:

In a retrial, a judge in Belém sentenced Rayfran das Neves Sales to 27
years in prison for the shooting death of Dorothy Stang, an American nun and
rain forest defender, handing down the same punishment as in the first trial, in
2005. (NY Times)

There's nothing particularly alarming in this retrial - they are mandatory in Brazil for all sentences that are 20 years or more (maximum sentence in Brazil being 30 years). Still, it's good to see the judge uphold Moura's sentencing. Moura's defense that he shot her out of "fear and rage" is not a legitimate defense of murder, and it's good to see the judge not bow into whatever local political pressures may have existed (and there may not have been many by this point - I just don't know).

Wednesday, May 16, 2007

Dorothy Stang sees justice

I'm a little late to this (I had a guest the past two days), but yesterday, Vitalmiro Bastos de Moura was found guilty in the 2005 murder of Dorothy Stang, a major voice and proponent in environmental protection movemnt in Brazil. It is extremely refreshing to see one of the people accused in her murder actually found guilty - for years, landowners have, with impunity, hired people to kill those who try to protect the land. Certainly, things haven't gone perfectly, even in the conviction - Regivaldo Galvão, another suspect with far mroe money than Moura, has yet to be charged with anything, and without question the first conviction in more than a decade in a case like this isn't going to suddenly make wealthy landowners and corporations re-think their efforts towards illegal deforestation and land seizures in a country where more than 50 precent of the land belongs to barely more than 3% of the population. Still, this is really good news overall.