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

C O N F I D E N T I A L SECTION 01 OF 03 BRASILIA 002683 
 
SIPDIS 
 
E.O. 12958: DECL: 10/05/2015 
TAGS: SNAR MOPS MASS MARR KTIA BR POL MIL
SUBJECT: BRAZIL: CONSULTATION ON AIR BRIDGE DENIAL PROGRAM, 
5 OCTOBER 2005 
 
Classified By: POLITICAL COUNSELOR DENNIS HEARNE. REASONS: 1.4 
(B)(D). 
 
¶1. (C) Introduction. On 10 October Embassy PolCouns, Air 
Attache and DEA Attache met with senior Ministry of Defense 
(MOD), Federal Police (DPF) and Foreign Ministry (MRE) 
representatives to review Brazil's Air Bridge Denial 
("shootdown") program.  The purpose of the consultation was 
to gather information to inform a Washington assessment of a 
renewal of the 2004 U.S. Presidential Determination regarding 
Brazil's implementation of its law permitting lethal force 
interdiction of aircraft involved in narcotrafficking.  The 
Brazilian side was headed by Fernando Abreu, chief of staff 
to Brazil's Minister of Defense, and a key participant in the 
2003-2004 bilateral negotiations that resulted in the USG 
recommendation of the Presidential Determination for Brazil. 
Also present were Major Brigadier General Cleonilson Nicacio 
Silva, chief of the MOD's International Affairs Division, who 
also was representing the Brazilian Air Force's Air Defense 
Command; Dr. Renaldo Urbano, Director of Counternarcotics 
Operation for Brazil's Federal Police; Dr. Wilson DeMazzio, 
internal security coordinator for the DPF.  Working level MOD 
and MRE officials also attended the meeting.  After welcoming 
remarks by Abreu, who highlighted the importance the GOB 
attaches to the successful negotiation of an understanding 
with the USG in 2004 on the sensitive shootdown issue, 
PolCouns suggested that the meeting focus on four areas: 
review of the 2004 exchange of notes with annexes that 
comprise the agreed understanding between the USG and GOB on 
the scope and operation of Brazil's program;  GOB updates on 
data regarding interdiction incidents; GOB responses to 
questions regarding an incident earlier in 2005 in which 
Brazilian police fired on an aircraft during a 
counternarcotics operation, and ramifications of the incident 
for possible future bilateral consultations; and the possible 
necessity of asking Brazil to institute an operational pause 
in use of lethal force interdiction measures in the event 
there is delay in recertifying the Presidential 
Determination.  The Brazilian side agreed to the format and 
the following report of the meeting is organized by those 
themes.  Mission recommendation and action request are in 
paragraph eight. End introduction. 
 
REVIEW OF 2004 AGREEMENT 
------------------------ 
 
¶2. (C) PolCouns noted that the negotiated agreement between 
Brazil and the U.S. on the governments' shared understanding 
of the scope and operation of Brazil's program is 
memorialized in a September 2004 exchange of diplomatic notes 
which includes three annexes: a GOB paper (prepared in 
response to a USG nonpaper) on the scope, operation, specific 
safety measures and consultation aspects of Brazil's ABD 
program; a GOB response to a USG questionnaire on safety and 
operation procedures; and a GOB response to a complementary 
USG questionnaire on safety and operation issues.  PolCouns 
asked if the GOB representatives had reviewed the annexes and 
whether there were any changes in the information provided by 
the GOB to the USG in those annexes in 2004. 
 
¶3. (C) Abreu indicated that the Brazilian officials present 
had consulted earlier in the day with the national commander 
of Brazil's air defense system and reviewed the annexes in 
their entirety.  Indicating that he was speaking 
authoritatively for the Brazilian air force, Brig. Nicasio 
affirmed formally to PolCouns that there have been no/no 
changes in the procedures outlined by Brazil in the three 
annexes to the diplomatic notes, and that the procedures 
described in 2004 remain in effect.  When queried by 
PolCouns, Brig. Nicacio and Abreu confirmed that the GOB had 
published Notices to Airmen (NOTAMs) announcing 
implementation of the shootdown program, had conducted an 
extensive press campaign, and had placed pamphlets on the ABD 
program in numerous airports across the country. 
 
AIR FORCE DATA ON PROGRAM 
------------------------- 
 
¶4. (C) The GOB side also provided Brazil Air Force written 
data on interdiction incidents from 1 January- 31 August 
2005, which complemented data provided to the Embassy in a 
consultation earlier in the year for the period from 17 
October 2004 through 31 December 2004.  Taken together, the 
data indicates the following activity in Brazil's program in 
the first year: 
 
¶I.   Unknown Air Tracks:  4,794 
II.  Suspect Air Tracks (suspect because of routes, though 
not necessarily illegal, and included in I above): 165 
III. Interceptions realized:  254 
a. Change of route: 3 
b. Forced landing: 3 (a and b refer to the same incidents) 
c. Warning shots: 0 
d. Shootdowns: 0 
IV.  Quantity of drugs ceased: 0 
 
INCIDENTS INVOLVING POLICE 
-------------------------- 
 
¶5. (C) Dr. Renaldo Urbano of the Federal Police provided the 
following key facts on an incident earlier in the year in the 
state of Rio Grande do Sul in which Federal Police agents had 
fired on a Piper Aztec airplane suspected of narcotrafficking: 
 
--The incident occurred during a Federal Police 
counternarcotics operation in Rio Grande do Sul in which 
police teams deployed to several air strips known to be used 
by narcotraffickers in anticipation of a landing by the 
suspect aircraft.  The plane had been identified by police 
informants and had not/not been tracked by the Brazilian air 
force, which had no/no involvement in the action. (Brig. 
Nicacio confirmed these points, noting the suspect plane had 
flown below radar coverage.) 
 
--The suspect aircraft was tracked by a state police 
ultra-light observation plane, which followed the suspect 
plane to the landing strip.  Police had no radio contact at 
any time with the suspect plane. 
 
--As the suspect plane landed on the air strip, its pilot 
apparently saw the Federal Police team setting up at the end 
of the runway to block any attempt at take off for escape. 
The pilot gunned his engine and headed directly toward the 
agents, posing a lethal threat to them, as well as to the 
police ultra-light plane closing in on the strip.  In their 
self-defense, the agents fired small arms at the suspect 
plane, mortally wounding the pilot.  The plane did not lift 
off and crashed on the ground into a tree.  One unhurt 
survivor on the plane was arrested. 
 
¶6. (C) PolCouns noted that the incident has raised some 
questions for Washington agencies about how such police 
actions fit into the broader GOB interdiction program.  The 
GOB side indicated its willingness to engage in future 
consultations with the USG on the issue should they be 
requested.  The Brazilian delegation then provided the 
following verbal and written answers to USG questions already 
submitted informally to the GOB on police actions in lethal 
interdictions, as follows: 
 
USG QUESTION: Does the GOB consider Brazilian police to be 
authorized under the 1998 law and 2004 Presidential Decree to 
exercise lethal force against civil aircraft? 
GOB RESPONSE: No. 
 
USG QUESTION: Does the GOB consider the 2004 USG-GOB 
shootdown agreement to cover actions taken by GOB components 
other than the Brazilian air force, such as Brazilian police? 
GOB RESPONSE: No. 
 
USG QUESTION: Does the GOB consider "Ground Control Measures" 
(MCS), referred to in the 2004 shootdown agreement, include 
the possibility of the use of lethal force against civil 
aircraft. 
GOB RESPONSE: No. 
 
USG QUESTION: Are personnel responsible for implementation of 
MCS aware of the prohibition of destruction of civil aircraft 
in service established in the Convention on Suppression of 
Illegal Acts Against the Security of Civil Aviation, signed 
in Montreal in 23 September 1971 ("Montreal Convention")? 
GOB RESPONSE:  Yes. 
 
USG QUESTION: Under what circumstances, apart from 
self-defense, is the use of lethal force permitted against 
civil aircraft by Brazilian police (or any other agency other 
than the Brazilian Air Force)? 
GOB RESPONSE: In no circumstances. 
 
USG QUESTION: Have Brazilian police professionals (and those 
of other relevant agencies) already been informed of their 
role in pursuit of aircraft suspected of narcotrafficking and 
of procedures to be adopted to minimize loss of innocent 
lives? 
GOB RESPONSE:  Yes. 
 
USG QUESTION:  Are the professionals involved aware of the 
prohibition on destruction of civil aircraft established by 
the Montreal Convention? 
GOB RESPONSE: Yes. 
 
POSSIBLE OPERATIONAL PAUSE 
-------------------------- 
 
¶7. (C) PolCouns indicated the commitment of Washington 
agencies to present a recommendation to the President 
regarding renewal of the Presidential Determination on or 
before 16 October, the date the current PD would expire. 
However, in the event of issues or problems that would delay 
renewal of the determination by that date, PolCouns asked if 
the GOB would consider a temporary suspension of the lethal 
force measures (i.e., warning shots and shootdown) in its 
interdiction program until any questions in the USG 
determination process can be resolved.  PolCouns stressed 
that both governments could keep the fact of the suspension 
confidential, so as not to undermine the deterrent effect of 
 
SIPDIS 
Brazil's program on narcotraffickers while the determination 
issue is worked out.  The GOB delegation indicated a 
willingness to consider such a suspension if necessary, but 
asked that the USG make its request on this to the Brazilian 
Air Force by no later than 13 October, should a suspension be 
necessary.  PolCouns and Air Attache undertook to meet that 
requirement on behalf of the USG. 
 
MISSION RECOMMENDATION AND ACTION REQUEST 
----------------------------------------- 
 
¶8. (C) The GOB's official declarations in this consultation 
affirmed that the ABD program described in the 2004 
understanding between the USG and Brazilian government 
remains in effect and unchanged, functioning in the same 
terms agreed between the governments.  Hence it appears to 
this Mission that the Brazilian program continues to satisfy 
the USG requirement that the program's safety procedures 
remain adequate to protect against the loss of innocent life 
in the air and on the ground. In view of this and also the 
GOB's stated willingness to discuss with us any issues raised 
by Brazilian police activities, we recommend that the 
Presidential Determination be renewed for Brazil.  We also 
ask that Department inform us asap if there is likely to be a 
delay in renewal of the PD, so that we can coordinate with 
the Brazilian Air Force and MOD on a possible suspension of 
lethal force measures pending resolution of outstanding 
issues. 
 
DANILOVICH