Court upholds arrest of police officer who killed landless peasant.
The Court of Justice of Rio Grande do Sul ruled on the merits of a habeas corpus petition and overturned the preliminary injunction that granted freedom to a military police officer convicted of killing the landless rural worker Elton Brum da Silva; the crime occurred in 2009 during the repossession of the Southall Farm, located in São Gabriel, in the western border region of Rio Grande do Sul.
By Sul21 - The 1st Criminal Chamber of the Court of Justice of Rio Grande do Sul judged this Wednesday (11) the merits of habeas corpus and revoked the injunction that gave freedom to the military police officer Alexandre Curto dos Santos, convicted in a popular jury for killing the landless rural worker Elton Brum da Silva. The murder with a shot in the back took place on August 21, 2009, during the repossession of the Southall Farm, located in São Gabriel, on the Western Border of Rio Grande do Sul.
More than eight years after the crime, on September 21st, the police officer went to trial by jury at the Central Court I of the Porto Alegre District, where he was convicted of aggravated homicide and sentenced to 12 years imprisonment in a closed regime, loss of his position, and immediate imprisonment. Eight days after the trial, the court granted habeas corpus allowing Santos to remain free while awaiting trial. With this decision, the police officer was welcomed with a celebration and motorcade in Bagé, the municipality where he served as a 3rd sergeant in the Military Brigade. However, last Wednesday, when judging the merits of the habeas corpus, the court reinstated the imprisonment ordered by the first-instance judge Orlando Faccini Neto.
According to MST national leader Ildo Pereira, it is fundamental that police officers be held accountable for their actions and that, in cases of torture and abuse, such as occurred during the repossession of the Southall farm, they be judged by a jury trial and not by military justice. “The State must rethink its stance. Elton's murder is a consequence of police irresponsibility and the government's disregard for agrarian reform policy. But this type of offensive doesn't only happen against the landless and rural workers. We want justice to be done and punishment to occur in all cases,” he explains.
The murder
The murder of Elton Brum da Silva was a consequence of a violent and arbitrary repossession of the Southall Farm, a large estate of approximately ten thousand hectares in the municipality of São Gabriel. The brutal action of the Military Police against about 500 families of the MST (Landless Workers' Movement) resulted in dozens of injuries and the death of Brum, at 44 years of age. He left behind his wife and a minor daughter.
The police officer, who at the time served in the Special Operations Platoon of the 6th Mounted Police Regiment (RPMon) in Bagé, murdered the landless peasant with a shot to the back from a 12-gauge shotgun. The BM command recommended caution and the use of non-lethal ammunition to the officers during the repossession operation. The fatal shot, however, was fired with live ammunition, at close range and from behind, making it impossible for the victim to defend himself. During the trial, the police officer admitted to being the shooter.
With MST