FACTS

INTRODUCTION

After the murder of Carolina Francisco, on February the 28th, 1991, I did everything I could to find out the reasons, motives and names of the criminals of the different crimes committed on that fatidic night.
And with success. Since in August 1993 I finally manage to clear the case, through witnesses, one of them an eyewitness.
Since that date, I have been sending letters to the Presidente of the Republic of Angola, and he even had contacts with his representatives, in order to try to make justice.
All the attorneys I got in touch with, in Angola and not only here, didn’t accept to defend this case, as soon as they got acquainted with the names of the entities involved they declined to defend it.
Thus, it wasn’t possible for me to apply for an action in a court of law in Angola.
Therefore and according to the text enclosed afterwards under the title – Collection of Facts and Narrative – unfortunately I can only confirm that not only there wasn’t any investigation whatsoever on this case, on the authorities of Angola side, as well as there was never any procedure on a Court in Angola.
Since that date, or since that I got acquainted with the names of the criminals I left Angola in a hurry, leaving there all my properties. As I am not allowed to live two days in the same place, as I fear that the security services of Angola will kill me, I can no longer start both my social and professional life.

Dr.Fernando Neto misteriously disappeared in Rio de Janeiro on February the 21st 1994.
After spending the afternoon of that day in the office of the lawyers Assis de Almeida, where they were solving the problem for obtaining a visa of residence in Portugal, with the Consulate of Portugal in that town, he inexplicably disappeared forever. The notification was made to the Federal Police of Rio de Janeiro.
In effect, dr.Fernando Neto left a signed letter saying how he feared for his life, and blaming the Government of Angola for his eventual disappearance.
And mrs.Francisca da Costa Guilherme, wife of dr.Fernando Neto, was left alone ever since together with the three daughters of the couple, all of them minors.
Mrs.Francisca da Costa Guilherme tried for different times to appeal for the suport of the portuguese authorities in order to interfere and try to locate her husband and father of the three daughters, without any result whatsoever. The same was done in the Amnesty International, also without any results.
In what concerns the situation of the eyewitness mrs.Joana dos Santos Junior, to whom was also granted a visa of residence in Portugal, she isn’t able to stabilize both her social and economical life, due to the fact that she is also compelled to change residence constantly, in order not to suffer retaliations on the Government of Angola side.
In what concerns the family of the mudered one, in particular her mother, they aren’t able to do anything in Luanda. The lawyer belonging to the Lawyers Association in Luanda, Dr.Ferreiro Neto, has resign from the case but not before making menaces.
I keep trying to lodge an action in the portuguese court against the criminals under the 6th Article of the Convention Against the Torture and Other Penalties or Cruel, Unhuman or Degradant Treatments, without success.
As a result of the exposed, Angola continues until today, in what concerns this case, to violate its obligations occurring from the International Convenant on Civil and Political Rights, since it hasn’t already investigate the crimes in question, keeps those upon whom befall strong evidences of criminal responsability in high positions and without beeing heard in any procedure whatsoever.

COLLECTION OF FACTS AND NARRATIVE

On the night of February the 28th, 1991, when the crimes of torture, rape and murder were committed against the person of Carolina de Fátima da Silva Francisco, she was 22 years and nine days old.
On that very night the security guard is also seriously wounded, dying a few days later in the hospital. It must be stressed that this guard belonged to the police regiment, leaded by Major Kipakassa, one of the murderers.
Carolina entered in the Southern Star, Ltd., an enterprise which explored different lines of business in Angola, approximately 2 years and a half before, as a simple shop assistant.
Due to her social, intelectual and professional abilities, she was quick to improve up to the highest degree, which she was assuming on the night of that fatidic event, as partner of the enterprise, of Angola law, Astra – Serviços e Empreendimentos Lda., and as shareholder of the enterprise, of Botswana law, Astra Southern Star Pty, Ltd., Gaboronne.
Among others, her responsabilities were those of management of all the activities of the above mentioned enterprises, in Angola and also in Botswana.
As already mentioned, Carolina was tortured, raped and murdered on the night of February the 28th 1991.
The undersigned, companion of Carolina, was at the time of that fatidic act on a plane returning to Luanda.
After this tragic event, the undersigned of the present document, did everything he could in order to clear these criminal actions.
Even if against everything that was done and / or said, against the undersigned in Luanda, he never left Angola and he even proceeded with his activities and plans of investment in that country, sometimes with death threats, but always with the only purpose of clearing this terrible fact.
One the day following the murder, on March the 1st 1991, the “Jornal de Angola” published and article concerning these muders.
The undersigned addressed different letters to different authorities.
On March the 28th 1991 the undersigned send a letter to the Minister of the Interior, mr.Francisco N’Vunda, informing him of his unconformism, as 30 days later he didn’t see the case beeing cleared.
On August the 17th 1991, the undersigned send a letter to the General Commander of the Police and Vice Minister of the Interior, informing him of the abusive practiced by the same police concerning means of transportation granted by the undersigned, incorrections, depreciation of the statements made.
On January the 31st 1992 is addressed a long letter signed by dr.Bartolomeu Feliciano Ferreira Neto, to mr.Vice Minister and General Commander of the Popular Police – Subject: – “Determination of the authorship of both crimes of murder”.
On March the 25th 1992, through the Cabinet of Studies of the General Commander of the National Police, is issued an answer to the letter hereinabove mentioned, and signed by mr.João Manuel de Almeida e Sá, where it was said, among other things, that ” … it continues in tis phase of investigation with the due consultancy of the Crimes Against People Department of the DNIC” …
On March the 29th 1993, another letter is addressed to the President of the Republic.
” … After a long wait of several months awaiting for a reply in order to grant an hearing to the undersigned …” “… Awaiting for an acceptance of this appeal” …
Finally … First answer of the Cabinet of the President of the Republic, dated from May the 10th 1993, and addressed to mr.Petroff, Minister of the Interior, requesting the conclusion of the investigations and asking for the due continuation of the subject.
From May 1991 onwards, and in view of the non-going investigation process on the Angola police side, the undersigned has decided to start investigations on his own.
From these investigations resulted different documents (several dozens) highly relevant, concerning the friendships existant between all the criminals, which had always been hidden from the undersigned, as You will see by the following.
In the end of 1992, the undersigned asked the Angola authorities for their permission to publish in the Angola newspapers some reward advertisements to anyone who could give any clues in order to clear these crimes.
An authorisation which was never granted. Furthermore, the Angola authorities have informed the undersigned that if he ever do that he would incur in serious penalties punished by the Angola law.
Despite the threats made by the police of Angola, the undersigned decided to publish a serie of advertisements in the Angola newspapers and of other countries starting in the beginning of 1993.
The undersigned received a first answer to the already mentioned adverstisements on June 1993.
After several correspondance exchange, he finally found in Brazil someone who knew and was above all willing to speak about these crimes.

The first statement that took place in Brazil by the witnesses dates from August the 26th 1993.
The third and last statement that took place in Brazil by the witnesses, including the eyewitness, dates from November the 4th 1993.
The undersigned was informed of the following:
Among others, those who planned the crime were:
Commander José Maria – Head of the Military House of the President of the Republic, Fernando da Piedade “Nandó” – Vice Minister of the Interior, Kundi Palhama – Minister of the State Security, José de Castro Van Dunem “Loy” – Minister of the Foreign Affairs.
Those who performed the crimes were:
Daniel de Castro, Major Kipakassa, Major Inocêncio, Severino Bravo da Rosa and Vitor Lima alias Vitor Manuel Rita da Fonseca Lima, diplomatic adviser of the President of the Republic of Angola, who apart from having raped and tortured, also choked and broke the neck of the unfortunate Carolina.
Since the beginning of the last quarter of 1990 that Vitor Lima started to attend with regularity the residence of the undersigned in Luanda, which he shared with the unfortunate Carolina.
Also at that time, and as a coincidence, the undersigned house began to be regularly attended by Daniel de Castro, always without mentioning his friendship with Vitor Lima, Severino Bravo da Rosa or the others.
With the begining of Vitor de Lima visits to the residence of the undersigned, immediately after started the visits of the same Vitor de Lima accompagnied by his mother, mrs.Clélia Lima, who died later.
The reasons for mrs.Clélia presence were to try to convince the undersigned to make some investments in the province of Cabinda, to be made with mrs.Clélia and one of her sons, resident in Cabinda and the undersigned. This son of mrs.Clélia was late murdered in the province of Cabinda, not far from the town of Cabinda.
However, it must be stressed that on October the 6th 1990, and again during the absence of the undersigned from Luanda, Carolina was put in the jail of Viana, in Luanda.
Today, going back in time, the undersigned is certain that those who planned the all process were Bravo da Rosa and his friends Vitor Lima, Daniel de Castro, Major Inocêncio and Major Kipakassa.
It must be noticed that Bravo da Rosa was at that time a subordinate of Carolina in the Goup Southern Star Ltd., and Astra Lda., in Luanda.
The reason why the police of Angola arrested Carolina for 36 hours was that she had reffused to open a safe of the enterprise, in the absence of the manager, the undersigned.
And also due to the fact that Carolina had suggested that the police should seal the mentioned safe until the arrival of the undersigned.
This act was undoubtdly astutely perpetrated by the same group that some months later would perform the crimes of torture, rape and murder.
Approximately three months later, the Guest house of the Southern Star, sited in Bairro Azul in Luanda, more specifically on February the 17th 1991, was robbed. This robbery was committed according to the security of the oil company ELF, by political and military elements highly organised.
On March the 8th 1994, the mother of the unfortunate Carolina addresses a letter to the lawyer (dr. Ferreira Neto) that had accepted to deffend this case – vide IV, asking him if he was still deffending this case, so painful to her. If not …
On March the 15th 1994, the undersigned receives an answer, as he had already predicted, from dr.Ferreira Neto … ” I prefer to be subrogated by a collegue, due to the lack of trust, a trust that once existed between the undersigned and the companion of the marriage (widow) – I remain with the obligation of administrative nature in the police …”.
On November the 25th 1993, through the offices of his lawyer, dr.Assis de Almeida, in Lisbon and in Rio de Janeiro, the undersigned addresses a long letter, by fax and by registered mail, to the President of Angola, informing mr.President of the way and reasons, and pointing out that the murderers involved belonged to the group of attendants to his palace.
On March the 8th 1994, in a meeting held between mr.Consul dr.Ismael Diogo da Silva and dr.Assis de Almeida in Rio de Janeiro, is declared by mr.Consul of Angola that … “the Government of Angola foresees to send a mission to Rio de Janeiro in order to discuss the content …”.
On May the 17th 1994, in a new meeting held, mr.General Consul of Angola in Rio de Janeiro, informs the undersigned lawyer, dr.Assis de Almeida, that … “he was in touch with his government in order to obtain, as soon as possible, the appointment of another date…”.
However, and always without any results whatsoever, the lawyer of the undersigned addresses, in Rio de Janeiro, another letter to the Consul of the Republic of Angola, dated from June 1994, asking for an hearing with mr.President, during his stay in Portugal, foreseen for the 27th and the 28th of June of the then, current year.
On Abril the 19th, through his lawyer in Johannesburg, the undersigned sends a fax to dr.António Van Dunem, judicial adviser of the President, through the Embassy of Angola in the R.S.A..
On the same day he receives an answer by fax from dr.António Van Dunem. Finally the first official answer allusive to the murder. “… I am aware of the urgency in solving this case and I am at Your entire disposal to totally clear the same …”.
On June the 26th 1994, the meeting finally takes place. This meeting, which was held in the hall Galeão of the Hotel Holliday Inn, in Lisbon, has counted on the presence, on Angola side of dr.António Van Dunem and dr.Carlos Feijó, Secretary of the Council of Ministers, and on the undersigned side was dr.Assis de Almeida and the undersigned itself.
On August the 2nd 1994, and in view of the absence of the promissed news, the lawyer of the undersigned in Rio de Janeiro, dr.Assis de Almeida, addresses a letter to dr.António Van Dunem, regretting the absence of the promissed answer.
On September the 8th 1994, incomprehensibly, in view of all the contacts established between the parties, as already described, it is issued an official communiqué signed by the Minister of the Interior, Santana André “Petroff”, in the “Jornal de Angola”, in the Angola Broadcast Radio and also in the Angola Television, for different times. – “Police contests declarations on the death of Carolina Silva” – .
On that very day, the 8th, the undersigned reacts through a letter addressed to dr.António Van Dunem, signed by his lawyer dr.Assis de Almeida. … “the Government of Angola, on an unilateral action of their exclusive (and surprising) initiative, has taken into the (merely) political plan a problem of an exclusively judicial nature which professionally, as lawyers, we were dealing among us, in representation of our sponsors.” …
… “But the concatenation of these two realities: strange silence of His Excelency (even failling with the courtesy duties generally followed among lawyers around the world) and the misplacement of the case from the judicial sphere into the political one are reason for reflection.” …
On September the 23rd 1994, the undersigned reacts again by means of two letters, signed by his lawyer in Lisbon, dr.Teixeira da Mota. One addressed precisely to the Minister of the Interior, Santana André “Petroff”, and another to the President of the Republic, José Eduardo dos Santos. … “My constituent was until a few days ago at the edge of disbelieving for good in the possibility of ever having Justice made and to have the miserable torturers, rapers and murderers of Carolina Silva, his wiife, punished.”…
In order not to let this issue fall into the political sphere, as it had already been made previously by the Minister of the Interior, the undersigned send in the beginning of October 1995 a letter, (where were mentioned the fondamental aspects of this case), to all the embassies in Luanda and in Lisbon.
At his very same time, the undersigned also send this same letter to the, at the time, President of Portugal, dr.Mário Soares, as well as to the Prime Minister at the time and to all the other members of his government.
After the inauguration in office of the present Government in Portugal, the undersigned send the very same letter to all the rulers, including the new President of the Republic, dr.Jorge Sampaio.
In the beginning of November 1995, the undersigned send to the Prime Ministers and Ministers for the Foreign Affairs, of France, Canada, Netherlands, Italy, Spain, Japan, Denmark, Sweden, Germany, Russia, Republic of South Africa, etc, this same kind of letter.
The undersigned also send this very same letter to International, Governmental and Non-Governmental Organisations, such as the United Nations-Centre For Human Rights, PNUD, Amnesty International, Human Rights Watch, World Bank, U.S. Aid, B.A.D., etc…
The undersigned also send it to all the members of the USA Government, as well as to North-American Senators and Congressmen.
The undersigned intends to stress that, in oposition to the portuguese Government, that never showed any interest for the matter, in order not to disturb their frail relations with Angola, the North-American Government has already started an investigation with the Government of Angola on this case.
Finally, the undersigned has decided to accept the publication in the mass media of the Carolina case. Therefore, on December the 7th and the 8th 1995 the portuguese broadcasting channel TVI has broadcasted during approximately 140 minutes (different schedules) a program on this matter.
On March the 8th 1996, the undersigned has published in a daily portuguese newspaper an open letter to the President of the Republic of Angola.
In March 1995 the undersigned has applied to the civil court in Lisbon with a civil action against the State of Angola, for unsettled debts and pecuniary obligation.
In July 1995, the undersigned applied to the criminal court in Lisbon – Public Ministry, with an action of crime for theft.

CONCLUSION

Since then, the suit that I have applied, versus the State of Angola concerning the non-settlement of the investments that I made in the complex of CABINDA, before the portuguese courts of law, was filed by the Judge, because the State of Angola has been declared a Sovereing State.
I, myself, do recognise the State of Angola as a Sovereign State. But the fact of beeing a Sovereign State doesn’t mean that it is a DEADBEAT State. Or does it ?.
It is still running in the portuguese courts of law a suit of Crime of Robbery, which I have applied against Victot Lima, Kipakassa, Inocêncio, Daniel de Castro and Severino Pereira Bravo da Rosa.
Another suit is also running, in The Centre For Human Rights – UNITED NATIONS -Geneva, against those who have tortured, raped and murdered the unlucky CAROLINA.
In opposition to the interest, or deprivation of interest shown by the different portuguese authorities in view of these horrendous crimes, I have received several expressions of great support and moral comfort, on the highest entities of: Vatican, Canada, Netherlands, United Kingdom, etc, side.
In the USA, different Senators are still following (investigating), in its different aspects, this dramatic case. In particular the STATE DEPARTMENT, which has already performed diferent and important investigations.
Please don’t hesitate to contact me for further information/suggestions which may allow the authors of these crimes of TORTURE, RAPE AND MURDER, to be judged and punished.

carol