This record is a partial extract of the original cable. The full text of the original cable is not available.

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