The court finds Monsanto and Farsul (Agriculture Federation of the State of Rio Grande do Sul) guilty for the illegal spread of transgenic soya seeds throughout Rio Grande do Sul (Brazil) The International People's Court on Transgenic Products, held at the Araújo Viana Auditorium, in Porto Alegre, Brazil, on March 11th 2004, represented another move in the struggle of Brazilian citizens against the use of genetically modified seeds. It was organised by approximately 40 entities ? trade unions, NGOs, and environmental institutions ? and was presided by the judge José Felipe Ledur in order to discuss the accusation of illegal introduction of transgenic seeds into Brazilian crops and consumer market. Around 3,000 people attended the event. The mayor of Porto Alegre, Mr. João Verle, participated as an observer. In the morning, the audience heard the reports of three experts (Mr. Silvio Valle, Mr. Sebastião Pinheiro and Mr. David Hathaway) and, afterwards, the testimony of 5 witnesses. Right before this, a film was played featuring the governor of the state of Paraná, Mr. Roberto Requião, who expressed his blunt criticism towards the introduction of GM soya in Brazil. "Allowing the widespread use of these seeds means to yield our crops to the interests of the North- American agribusiness and to abandon our pure Brazilian soya seeds, which are accepted worldwide", he warned. One of the most praised speeches was that of the prosecuting barrister, Mr. Aurélio Virgílio Veiga Rios, who said that, in terms of GM products, the state of Rio Grande do Sul has become "'a laboratory' and it will pay a high price for disobeying the law which forbids cultivating GM soya beans on a commercial scale: the produce will be of cheap and low nutritional quality". He classified GM technology as 'extremely risky' and defended that those who encouraged the widespread use of smuggled seeds pay themselves for the financial losses due to the use of an uncertified product. Veiga Rios ? who is assistant attorney general ? is also against the lobby of Monsanto in Brasilia for the unrestricted authorisation for GM products in Brazil. According to him, "pseudoscientists, who have long ago been at a laboratory for the last time, are using several expedient devices to persuade the members of the Executive, Congress and Judiciary." He also said that it is a scientific manicheism to believe that science is only right when it sides with huge corporations. There are scientists against GM technology not because of ideological aspects, but because they are aware of the risks of cross-species transfer of genes", he said. This release was done by Press Office of the People's Court – phone number 55.51-32242484 Sentence The jury of the International People's Court on Transgenic Products, meeting in session for debating and judging, on March 11th 2004, thus have unanimously decided that there are not enough scientific evidences that transgenic products will not harm the environment, the biodiversity and the human health. It has also unanimously decided that there is not enough information available for farmers and consumers about this issue, and that the process of analysis, evaluation and monitoring of the tests for the commercial release of GM technology is being carried out with not enough care and democracy. As for the defendants, Monsanto Corporation and the Agriculture Federation of the State of Rio Grande do Sul (Farsul), the jury unanimously found that they are guilty for the illegal spread of transgenic seeds, putting the environment, the biodiversity, the health of the population, the genetic heritage of the species and the Brazilian economy at risk. On the other hand, the jurors considered that governmental state agencies are also responsible for such a practice. With such a verdict of the Jury, this Court reaches at the following conclusions: 1) There are not enough studies on the introduction of genetically modified organisms into agriculture and consumer market; thus, independent studies must be carried out in order to assure the safety of such products. 2) The defendants, Monsanto Corporation and the Agriculture Federation of the State of Rio Grande do Sul (Farsul), in connivance with governmental state agencies, have contributed to the illegal spread of transgenic seeds in Brazil, which may be considered a crime of smuggling (according to article 334 of the Brazilian Penal Code) and a crime of illegal spread of genetically modified organisms (according to article 13, section V, of the Brazilian Law 8.974/95.) 3) It is necessary that the National Congress holds public consultations on the issue so that the new Brazilian Biosafety Law, now on course in the Senate, takes social, environmental and scientific aspects into consideration. Furthermore, it is necessary that such a law adopts the Precautionary Principle, assuring that studies on the environmental impact will be carried out before the release of transgenic organisms for both commercial and scientific purposes. Based on such conclusions, the Court also determines that the following measures be taken: A) Question Monsanto Corporation for explanations on which genetic modifications it had introduced into the seeds sold in Argentina from 1995 to 2004, particularly which species of genes it had introduced into the modified seeds. B) Require the Prosecuting Council to hold an inquest to verify the practices of smuggling and illegal spread of genetically modified organisms by the defendants, as well as the responsibility of government inspectors. C) Require environment inspecting agencies to put effective policies into practice in order to reverse the spread of transgenic seeds in Brazil, which happened in total disobedience to the law that is now in force, and to provide that the law related to labelling products of transgenic origin be followed. Copies of the accusations herein presented, as well as the facts herein discussed, must be sent to the below mentioned authorities for them to take the adequate measures: To special editors on issues of environment and food at the United Nations; To the Organization of the American States and United Nations Economic and Social Council; To the President of Brazil; To the Ministry of Agriculture, Cattle Raising and Supplies and to the Ministry of Environment of Brazil; To the Presidents of the Chamber of Deputies and the Senate. Finally, this Court calls the civil society to continue taking part in the decision of issues that concern current and future generations. Porto Alegre, March 11th, 2004. José Felipe Ledur President of the Court