Brazil: Detention and intimidation of missionary

URGENT ACTION -  OBSERVATORY

BRA 001 / 9803 / OBS 018
 Illegal Detention  / Risk of Expulsion
BRAZIL
20th March 1998

The Observatory for the Protection of Human Rights Defenders, a joint
programme of the FIDH and OMCT requests your URGENT  intervention in
the following situation in Brazil

Brief description of the situation

The Observatory has received information from  the Conselho
Indigenista Missionario (CIMI) concerning the temporary  illegal
detention, intimidation and threat of expulsion of Winfridus Overbeek,
a missionary.

The detention took place on March 18th at 05:30 a.m. in front of the
CIMI offices of the Organisation in the city of Aracruz, state of
Espiritu Santo.

Winifridus  Overbeek, aged 32, Dutch, and an environmental engineer,
works for CIMI evaluating the productive programmes of the Indigeneous
 Tupinikim and Guarani peoples in the state of Espiritu Santo. He was
detained by three agents of the Federal police  (two men and one
woman) and taken to the Superintendency of the Federal Police in
Vitoria, capital of the state of Espiritu Santo, where he underwent
seven (7) hours of interrogation.

At the end of the interrogation the delegate Fernando Queiroz informed
him that he had received orders from the Ministry of Justice saying
that he had failed to comply with laws governing foreigners status -
article 21 of the Decree 86.715/81 and article 26 of Act 6.815/80
(Statute of Foreigners) - that he would be fined and that the validity
of his residence visa (originally provided for 2 years), would be
reduced to 8 days. Following the expiry of the eight days he would be
expelled.

The Conselho Indigenista Missionario, an organization which has for
several years been actively working in for f human rights and
fundamental liberties, including the delimitation of lands of the
indigenous population in Brazil, believes that these are repressive
measures taken by the judicial authorities and are related to the
action being taken against the indigenous Tupinikim and Guarani
peoples. These peoples have recently began a demarcation of their
traditional lands which was taken over by the  transnational
undertaking "Aracaruz Celulose".

The Observatory fears for the safety of Winfridus Overbeek and other
members of the CIMI or others working to defend the rights of
indigenous peoples and there are grounds for concern for their
integrity.


 Action requested

Write to the Brazilian authorities urging them to:

i.	carry out a thorough and impartial investigation of the facts
mentioned above in order to identify those responsible and impose upon
them the sanctions provided by the laws in force against persons
guilty of such acts: ii.	adopt immediately the measures necessary in
order to guaranty the safety and freedom of Winfridus Overbeek and
authorise him to remain in the country under the conditions originally
granted;

iii.	adopt urgent and appropriate measures in order to ensure that
non-governmental human rights organisations, in particular members of
the Conselho Indigenista Missionario, and their members enjoy the
conditions necessary for the free performance of their activities in
promoting and defending fundamental rights and liberties.

iv.	guarantee in all circumstances the respect of human rights and
fundamental liberties in accordance with the Universal Declaration of
Human Rights and the international Pacts and Covenants ratified by
Brazil.

Addresses

Exmo Sr Dr Fernando Henrique Cardoso M.D. Presidente da República
Palacio de Planalto CEP: 70150-900 Brasilia, DF, Brasil  Fax 0055-61
226-75-66 / 226-60-37.

Exmo. Sr. Nelson Azevedo Jobim, Ministro da Justica, Esplanada dos
Ministerios, Bloco 23, 70.064 Brasilia, DF, Brasil. Fax : + 55 61 321
5172  E-mail:  njobim@ax.apc.org

Exmo. Sr. Sepulveda Pertence, Presidente do Supremo Tribunal Federal,
Praça dos Tres Poderes, Ed. Anexo 3 andar, Gabinete da Presidencia,
Brasilia - DF-70175-900, Brasil.  Fax : (+ 55 61) 316 55 08

Exmo. Sr. Geraldo Brindeiro, Procurador Geral da Republica, Sgas L2
Sul. Q.603 Lote 23, 3 andar, Brasilia - DF - 70200-901, Brasil  Fax :
(+ 55 61) 223 61 19

Exmo. Sr. Luis Eduardo Magalhaes, Presidente da Camara dos Deputados,
Cameora dos Deputados, Palaeio do Congresso Nacional, CEP 000 Brasilia
- D.F.- Brasil.  Fax : (+5561) 318 2117

The Brazilian Embassy in your respective countries

Geneva - Paris, 20th March 1998
Kindly inform us of any action undertaken quoting the code number of
this appeal in your reply.

The Human Rights Action Network, a part of Derechos Human Rights, distributes appeals on behalf of victims of human rights violations. You are invited to join the network. Please check the date of the present action and do not write if it's over a month old.