climate of tension and insecurity. The petitioners hold that every time
the process moved forward significantly --or, paradoxically, when it
suffered a reverse-- tension flamed up between the Xucuru indigenous
people and the non-indigenous present on the indigenous lands. The
petitioners allege that this situation resulted in the killing of key
indigenous leaders: José Everaldo Rodrigues Bispo, son of the people’s
spiritual leader, on September 4, 1992; Geraldo Rolim, a FUNAI agent
and active defender of the indigenous, on May 14, 1995; and finally the
chief of the group, Cacique Xicão, on May 21, 1998. Xicão’s successor,
Cacique Marquinhos, was later threatened, which led the IACHR to grant
protective measures on October 29, 2002 (supra para. 7). In the same
context, but more recently, the petitioners allege that after an
assassination attempt against Cacique Marquinhos in 2003, the Xucuru
indigenous people damaged the property of the alleged perpetrators of
the attempt. The petitioners say that as a result, Cacique Marquinhos,
as leader of the people, was convicted in federal court and sentenced to
10 years and four months in prison, on May 22, 2009.
16. According to the petitioners, the presidential decree that ratified
the demarcation of Xucuru indigenous land was not issued until April 30,
2001, i.e., 12 years after the start of the demarcation process. Despite
that ratification, on October 16, 2002, the date the petition was
presented, the petitioners report that the removal of the non-indigenous
had still not taken place and they continued to occupy about 70% of the
Xucuru land. The petitioners emphasize that the official recording of
Xucuru indigenous land has not taken place either, because the property
registry official of the city of Pesqueira refused to record the land title
and furthermore filed objection motion (Ação de suscitação de dúvidas)
No. 2002.83.00.012334-9 with the local judge, challenging the validity
of the demarcation process.
17.
In their communication of October 27, 2008, the petitioners noted
that the objection motion had been transferred to federal court, because
of jurisdiction issues, and was later rejected; and that the court ordered
the registration of the Xucuru indigenous lands. However, the petitioners
submit that non-indigenous are still on Xucuru territory, and that legal
actions filed by non-indigenous against the demarcation process are still
pending. The first of them is a motion to regain possession (Ação de
reintegração de posse) No. 92.0002697-4 filed by a non-indigenous
occupant, which was decided in his favor (and against the indigenous
possession) in the lower and upper federal courts, and ratified by the
STJ; a special appeal to the Supreme Federal Tribunal (“STF”) is
pending. The second action (a court suit to annul the administrative
demarcation process No. 2002.83.00.019349-2) seeks to annul the
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