27
material with extracts transcribed from the intercepted discussions of members of COANA
and ADECON to the journalist who were present.81
96.
That same day and over the following days fragments of the recordings were again
disseminated by the television and written media. Some Articles indicated that the landless
workers were planning specific crimes and that the former Secretary of Security had
published new extracts from the tapes during the press conference.82
97.
On July 1, 1999, Major Neves sent an official communication to Judge Khater in
which he made certain charges against the MST and handed over to her 123 tapes with the
telephone conversations recorded during the interception of the two telephone lines.83
According to this document, the first stage of recordings took place from May 14 to 26,
1999. The second stage, for which the case file does not contain either a request or an
authorization, occurred from June 9 to 23, 1999. Integral transcripts of the material
obtained from the telephone interceptions were not submitted,84 but rather summaries of
the extracts the police considered relevant.85 In these summaries, conversations of Celso
Aghinoni – also identified as “gringo”86 – Arlei José Escher and Dalton Luciano de Vargas
were mentioned. However, the report did not reveal the content of many of the
conversations or the speakers, merely indicating that the conversations dealt with “different
matters,” that no “description appeared on the list” and, in general, that the telephone calls
originated from or were made to COANA.87 The document also shows that the calls were
monitored until June 30, 1999, but, owing to problems with the technical equipment, it was
only possible to record conversations up until June 23, 1999.88
98.
In this report Major Neves also mentioned that the military police officer A.C.C.M.
“unlawfully handed over […] probative material to the press and/or other individuals,
because the said police officer was an agent clandestinely infiltrated into the Police Force,
81
Cf. Testimony of the journalist Evandro Cesar Fadel during criminal investigation No. 82.561-5, supra note
80, folios 1438 and 1439; document with the transcript of four conversations of members of COANA and ADECON
provided by the journalist Evandro Cesar Fadel to criminal investigation No. 82.561-5 (file of attachments to the
pleadings and motions brief, attachment 3, folios 1441 and 1442); testimony of the journalist Luciana Pombo
during criminal investigation No. 82.561-5 (file of attachments to the pleadings and motions brief, attachment 3,
folio 1443); testimony of the journalist Fabiana Prohmann during criminal investigation No. 82.561-5, supra note
80, folio 1482, and video recordings of two items broadcast on the national news programs on June 8 and 9, 1999
(file of attachments to the pleadings and motions brief, attachment 10, folio 2040).
82
Cf. Video recordings of two items broadcast on the national news programs on June 8 and 9, 1999, supra
note 81; Article entitled “Candinho revela as fitas” published in the newspaper O Estado do Paraná, on June 9,
1999; Article entitled “Governo divulga diálogos gravados em escuta” published in the newspaper Folha do Paraná,
on June 9, 1999, and Article entitled “Fitas entregues à polícia” published in the newspaper Tribuna do Paraná (file
of attachments to the application, tome 1, attachment 5, folios 74 to 76, respectively); Articles in the newspaper
Folha do Paraná of June 20, 1999 (file of attachments to the pleadings and motions brief, attachment 10, folios
2012 and 2013).
83
Cf. Report of delivery of the 123 tapes in the context of Monitoring Petition No. 41/99 (file of attachments to
the answer to the application, tome I, attachment 10, folios 2142 to 2146).
84
Cf. Request of the Public Prosecutor’s Office of September 8, 2000, in the context of Monitoring Petition No.
41/99 (file of attachments to the answer to the application, tome I, attachment 10, folio 2220).
85
Cf. Control sheets for the recorded tapes, in the context of Monitoring Petition No. 41/99 (file of
attachments to the answer to the application, tome I, attachment 10, folios 2147 to 2160); request of the
Prosecutor General’s Office in the procedure on the request to intercept a telephone line (file of attachments to the
answer to the application, tome I, attachment 10, folio 2220), and brief of the Public Prosecutor’s Office of
September 8, 2000, supra note 84, folio 2220.
86
Cf. Testimony of Celso Aghinoni during the public hearing of December 3, 2008, supra note 66.
87
Cf. Control sheets for the recorded tapes, supra note 85, folios 2147 to 2160).
88
The document indicates that “as of [June 23, 1999,] and until June 30, 1999, we had problems with the
recording equipment and it was not possible to record the tapes.” Cf. Control sheets for the recorded tapes, supra
note 85, folio 2160.