The facts about Heiko Bleher’s and Natasha Khardina’s arrest in Manaus, Brazil, on 29th September, 2008, read on the next page…

On the cover page of “Em Tempo” in Manaus was written “Biopirataria” although none of the 3 PF-accusations is about Bio-Piracy and it is not new that that I travelled to Brazil more than 400 times, but well known worldwide and specially in Brazil, but it gives more attention. And the main attention on the cover photo is NOT directed to the few dead fishes, but the Polícia Federal sign has to dominate. It is important, to show the “good guys” (because there was hardly anything else to show, see next page)…

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Bio-Piracy or Basic Science?…

The facts about Heiko Bleher’s and Natasha Khardina’s arrest in Manaus, Brazil,

_{On the cover page of “Em Tempo” in Manaus was written “Biopirataria” although none of the 3 PF-accusations is about Bio-Piracy and it is not new that that I travelled to Brazil more than 400 times, but well known worldwide and specially in Brazil, but it gives more attention.}

_{And the main attention on the cover photo is NOT directed to the few dead fishes, but the Polícia Federal sign has to dominate. It is important, to show the “good guys” (because there was hardly anything else to show)…}

The facts:
We explored 3 different regions in the Amazon from August 2 to 29 and returned only at midnight between the 28th and 29th to Manaus, because we, that is including 4 friends, had a terrible experience in Fonte Boa.
After we came back from our the last expedition to the upper Rio Jutaí, in the city of Jutaí there was no fuel for the boat to go on to Fonte Boa on the 26th (our bi-weekly flight was leaving on the 27th from Fonte Boa at 15:30). We had to wait for 12 hours and could only depart to Fonte Boa on the 27th. It is a long distance down river the Solimões and we arrived at 14:30 and were at the Fonte Boa landing field at 14:45. In the tiny airport house is no telephone, no facility whatsoever and the runway is only for small aircraft. There was an employee of the only airline Trip (the only one flying here) Rosaline. Although the plane had not even arrived she told me we are to late and there is nothing she can do. We had reserved 14 days earlier, had the confirmation printed out and I had paid. In spite of these facts and that four of us had flights to Europe to catch in Manaus and the next flight to Manaus was only 4 days later she did not care. With a scooter (called Moto-Taxi) I drove to the distant village to the office and got from the person in charge the ok, that we can board and I should hurry as the plane is landing. With that authorisation I drove back and got to the airfield 15:15 were the plane had already one of the two propeller turned on. I screamed at the Trip woman and tried to make a sign at the airfield to the pilot, as having I pilot-license I know that he can still let us board. But I was hold back by two guys and the Trip airline bitch who had denied to let us board, called with some ones cellular phone the police. She probably did this because I had told her that I would complain with the management (and because I am quite sure she had sold the seats to someone else and took the money to distract from this fact). The police came with one PF (Policia Federal) minutes after the plane had left and took me to the police station in Fonte Boa. There was no Delegado, he was at home sleeping (at 16:00). I had to wait one hour. In the meanwhile the PF- agent found in the book a law, which should put me in prison for two (2) years, because I invaded the security system of an airport… (so far Fonte Boa has no “airport”, secondly I never invaded it, thirdly there is no “security” system). When the Delegado came he did not want to listen to me (nor ask me) – as the PF agent never had (he only listened to the woman at the airport) – and the latter told the Delegado “I was in front of the plane holding it up with stretched out arms!” When I heard it I screamed at him “you lie, how can you say that, you were not at the airport and I have 5 testimonies who saw what happened”, and instead of admitting his lie he thru me in prison where they, the special force of the PF, were almost killing a prisoner by beating him up non-stop. I do not know what the poor guy did, but in addition there was a gas, which made me unconscious, I almost suffocate, had no more air and I screamed until they took me out.

_{Also inside again “Biopirataria”, that sells. And specially if one starts with “…the police has been successful in Bio-Piracy…” and again the over one hundred year old story of the seeds of the rubber tree Hevea brasiliensis the Englishman Henry Wickham has taken in 1876 and Malaysia good rich because they cultivated it, forgetting all the Bio-Piracy the Brazilians have done by taking seeds from other countries and making them poor, like the coffee bean from Ethiopia, mango seeds from other Africa country (which are still very poor today), lately the soya bean, but these are not interesting news, but a few dead fishes which are not exclusive to Brazil and which have in part come from Colombia, which no one mentions…}

Natasha had gotten a local attorney and it took almost 4 hours until they released me, because the attorney had talked to the local judge. In any event to make along story short: the judge wanted almost 3000 Reais bail and the attorney another 1250 Reais, altogether about 2000 Euros, but I did not receive a note for that amount and the attorney just wrote out an invoice without any detail or for what. The money was to go somewhere else I am sure… same what happened with our paid flight to Manaus…

I found out the next morning, that a postal plane is coming at 8:30 and we all drove to the Fonte Boa airfield. Unfortunately it was tiny and we 6 could not go in it, besides he flew in another direction, but the pilot recognized me and said: “Voce é o famoso Heiko Bleher, eu li os seus livros e revistas, todos seus articulo, tem que me da um autografo…” I gave him my signature and he promised to get us still today to Manaus.

We waited almost all day at the airfield and finally late that evening we flew with a chartered plane of Amazonaves to Tefé and 4 of us, who had a flight to Europe the next morning, on to Manaus were we arrived nearly midnight.

I must also explain, begin of the year, actually in March 2008, the marketing director of the Amazontur, the official organization of the state of Amazonas for tourism, Dr. George Melo Barreto, had invited me to make a website for Amazontur as they wanted to increase tourism for the state in 10 languages. Tourism is as good as unknown in the state of Amazonas, compared to other Brazilian and South American places. We developed a beautiful, unique home page (you can see part of the beginning work we have done here: http://www.webag.it/amazon/ and it was approved end of July, the financial side as well for Euro 49,000). On August 1st we (Natasha, myself and the staff of Amazontur) had a meeting in Manaus and most of the final steps were agreed and we went ahead with the project. I had been chosen to do the project because they liked my website and the Governo do Estado do Amazonas realized with my books, the many publications as well as from hundreds of Amazon-lectures around the world, that I knew more about Amazonia than most other people. They also knew that I have an archive of over 2 million Amazon photos which would make it the best website possible as (Amazontur has only copyrights for about 1000 photos) and help to improve Amazonian tourism. I was to start the site with 15 destinations, including where Eco-tourism is possible; bird watching and wildlife; cultural sites; heritage sites; events; festivities; fishing; culinary information and much, much, more. And during my 3 new, unexplored destinations on the upcoming expedition I had also a clear understanding to update these parts of the Amazon state, all those remote areas, for future destinations, including its wildlife, plants, flowers, nature above and below water and its fishes. For the website it was agreed to include the latter as well (and not only for the already established anglers), with correct names, as the brochure they have, as well on the list of IBAMA, feature many wrong names and wrong identifications. No one bothers to check these errors I have told them already 5 years ago (to IBAMA) and they cause tremendous trouble to the ornamental fish trade and to the local exporters. Innocent people have been arrested in the past by the PF, simply because the police knows nothing about fish names and only search for a name which is not on that faulty IBAMA-list. They do not care to verify the facts. For example one exporter is been sued now for 4 years simply because a well known fish species had been given a new generic name and the Policia Federal interpreted this – until today – as “biopirataria”. And there is no end in site for this ridiculous PF-behaviour and accusation. Endless monies of the state and of the federal goverment goes to waist because of such ignorance. But the taxpayer pays the bill…

_{The newspaper had also on the cover page “biopirataria” on August 30, 2008. Again this false accusation can only come from the PF, to make them popular (?). The superintendente da Polícia Federal Sérgio Fontes wanted to set an example (as well as the Delegada de Freitas), and declared that is was “um grande esforço da PF e do Ibama”, a big work (or force) to protect the genetic property of Amazonia from us and that is serves as a message to all foreigners … He also made a false declaration to the press in regards to that they were chasing Heiko for a long time, as everyone knows about my trips and how often I come to Brazil and the Amazon, every year several times. And he added that I have done it with a bad intention and therefore I have to go to prison and have to pay for it… How ignorant can one be? Or one needs a medal?..}

1. Art. 30.  Considera-se infração administrativa contra o patrimônio genético ou ao conhecimento tradicional associado toda ação ou omissão que viole as normas desta Medida Provisória e demais disposições legais pertinentes. (Vide Decreto nº 5.459, de 2005)
        § 1º  As infrações administrativas serão punidas na forma estabelecida no regulamento desta Medida Provisória, com as seguintes sanções:
        II – multa;
        III – apreensão das amostras de componentes do patrimônio genético e dos instrumentos utilizados na coleta ou no processamento ou dos produtos obtidos a partir de informação sobre conhecimento tradicional associado;
2. Art. 17.  Remeter para o exterior amostra de componente do patrimônio genético sem autorização do órgão competente ou em desacordo com a autorização obtida:
        Multa mínima de R$ 10.000,00 (dez mil reais) e máxima de R$ 5.000.000,00 (cinco milhões de reais), quando se tratar de pessoa jurídica, e multa mínima de R$ 5.000,00 (cinco mil reais) e máxima de R$ 50.000,00 (cinqüenta mil reais), quando se tratar de pessoa física.
        § 2º  Diz-se tentada uma infração, quando, iniciada a sua execução, não se consuma por circunstâncias alheias à vontade do agente.
3. Art. 70. Considera-se infração administrativa ambiental toda ação ou omissão que viole as regras jurídicas de uso, gozo, promoção, proteção e recuperação do meio ambiente.
        § 1º  São autoridades competentes para lavrar auto de infração ambiental e instaurar processo administrativo os funcionários de órgãos ambientais integrantes do Sistema Nacional de Meio Ambiente – SISNAMA, designados para as atividades de fiscalização, bem como os agentes das Capitanias dos Portos, do Ministério da Marinha.
        § 3º  A autoridade ambiental que tiver conhecimento de infração ambiental é obrigada a promover a sua apuração imediata, mediante processo administrativo próprio, sob pena de co-responsabilidade.

The first (1.) accusation is that we (I) have taken genetic material, which is not the case, as none of the dead fishes has any – whatsoever – genetic value. Professor Axel Meyer from the University Konstanz, Germany has confirmed it also. Besides it cannot be considered “patrimônio” as all species collected for identification are also found elsewhere (in the Amazon basin and South America).
The second (2.) accusation, which should also be limited to my person and not Natasha as well, that we have carried “genetic” material without permission is to be found out or seen if it can stand, because it is not “genetic”.
The third (3.) accusation from the Brazilian Lei Ambiental nº 9.605/98  were there is no text – whatsoever – that prohibits anyone to take or transport such material (preserved dead fishes). And this makes sense, otherwise every single preserved fish sold in Manaus and elsewhere in Brazil must be confiscated and its seller placed in prison. There are thousands of unidentified preserved fishes like not listed piranhas and prohibited catfishes sold as souvenirs daily…
But it is the judge to make a decision about the latter, as the first two cannot stand (or at least should not) and first of all he (the judge) must request a hearing.
We were told by the PF that we are now prisoners without bail and that all our belongings are confiscated without any right, also everything besides the dead fishes, like my articles I had written about the Western Ghats, Misool island, The Pamirs and more, like my lectures prepared on the laptop, my notes on work I had to do and my note book, all my schedules, cellular phone and the connections, all cameras, flashes, water testing equipment, nets, seine, all our cloth, hygiene material, every toothbrush, shampoo and soap, etc. But the PF does what they want in spite of the fact that the law (above) says very clearly that only the material which has to do with the object can be confiscated, the Delegada Nelbe Ferraz de Freitas until today (22.09.2008) refused to liberate our material or give me at last copies of my articles, notes, addresses, lectures, of the lap tops hard disc, etc. The law is the PF today in Brazil, and not what is written (or better they make it to their benefit).
Two PF guys drove us in their vehicle after midnight first to the justice building as they had to deliver a document that we were sent to prison. Than to a hospital where a doctor had to sign a document that we haven not been beaten up (as the guy in Fonte Boa – at least that in Manaus seem to be better – probably as in the state of Amazon alone there were 56 cases against police officers every single day in the first 3 month of 2008). After that the two young PF-drivers lost their direction to the prison (or wanted to play important, with the siren on all the time), to the Cadeia Publica on the 7 de Setembro in Manaus’ centre. After 1:00 we reached the prison and had to wait for another half hour, because the guard did not want to accept us so late (or better so early). The guys called elsewhere and finally we were allowed to enter. I was guided to the man’s prison and because I had been to the university the guardian told me that he will put me up in the “Church” with 6 others. It is the best place he has to offer. I was searched all over and they allowed me to keep toilet paper. The “Church” was a larger cell without any bed, no nothing, just a concrete floor with an altar falling apart and an open toilet in the back.
I stretched out on the floor dead tired and tried to sleep. The next morning at 6:00 they gave us a dry piece bread and a half a cup of sweet coffee with powder milk. I wanted to talk to the man in charge of the prison, but it was Saturday and I was told after 10:00. At 12:00 I was called and in handcuffs taken to the main building, I was searched again, photos taken of me, they made questions, same as the night before, and wrote all down. But I must ad that he was kind and placed a call for me on his cellular phone to the attorney, as there is no phone and no one is allowed to make a call. He made the exception because I came from the “Church”, but said they (intelligence or PF) are checking and listening to every call, taping all phones and just now there was a big scandal because the highest Judge of the supreme court in Brasilia had his phone taped. The attorney said he would come in the afternoon.
I was searched again, handcuffs on the back and returned to the “Church”. Some inmate gave me a toothbrush and paste, another one a borrowed me his of soap. I was told amazing stories by the inmates and will write about this somewhere else…
The attorney came with Asher about 15:00. Handcuffed behind big screen I could talk and I wanted to see Natasha, as I was very so worried. It was “hell” for me, what would she have experienced? She is not as strong and there was nothing I could do and it was me who dragged her into this, something she should never have had. The PF had no right to put her in prison, the dead fish were in my bag, but they do what they want. The attorney said he is doing everything possible and I should be patient because they are waiting on the judge, but as today and on Sunday there is only a emergency judge there are chances he might not be able to liberate us.
They did not deliver to me what they had brought only a toothpaste and brush. Back in the cell I was one hour later I handcuffed again, searched and taken out to wait in the main building to be transported to the penitentiary outside of Manaus. When they carried me away I was at last able to see Natasha from afar and than we drove off. The IPAD is in the middle of the jungle and was built about 3 years ago from an architect who must have never built one (or anything) before. The building has no drainage system in any one of the cells the water penetrates through the roof almost everywhere (and it rains every day, so the cells are flooded and the water remains). There is no place in the cells where people can wash themselves unless standing on the toilet which is (almost) uncovered in the cell.
I was handcuffed in the back placed against the wall waiting in front of the building in the rain. If I wanted to look left or right I was screamed at “look to the wall”. Than I was taken to a chamber, a square room no windows no door handle inside and had to take off all my cloth (in the “Church” at least I could keep them on). I was told if I am correct and respect the guardians, they respect me (which they NEVER did). I had to do 3 push ups naked and than they gave me a short to wear, nothing else. Handcuffed again to the back and placed against the wall I had to wait. Later 4 guardians took me to the reclusion cell, where only for the worst criminals are placed, I was told. The doors of the hallway and the cells only open with screws caps. While they open each door lengthy, they placed me against the wall again without looking left or right. Than in front of the cell the handcuffs were changed to the front. Inside the cell I had to place my handcuffs outside so they could open them. Here I was on the concrete floor, cement beds, no mattress, no hygiene, no cloth, no towel, no nothing just a short in a cell filed with water and two inmates. One of the two was there for 6 years, the other one did not know for how long. It was freezing because of the humidity and no air. The 3 windows on the top, 12 by 25 cm, made air circulation almost impossible. The only water tap when open spreads all over the cell and it is the only supply. I asked the guardian for a mattress, as I was told I would get a kit with a (prison) shirt, underwear, a towel, toothpaste, soap and a toothbrush, a 4 cm thick piece of foam (mattress) and two thin linen. When I asked again I was told only on Monday, not today, I had to wait (it was Saturday afternoon). As I asked that I wanted to make a call they laughed “you cannot call here, you are in reclusion”. When I asked I want to talk to the director, I was said “Monday”.  Well I had a short on and could sit on the wet concrete floor looking at the walls were was written “Bem vindo ao puxa veneno”, welcome to haul in poison. When I asked the 2 inmates why, they just said: “what do you think you haul in here”? This was for two long days and nights with the most miserable food one had to eat with the hand, as even a plastic spoon is a weapon here. I could not eat the stuff, which consisted of rice, black bans and cold pasta. I gave it to the two guys. On Monday, already freezing and with a terrible cold, at noon the director came and I asked for a phone call and the promised kit. He told the guardians that I was to be taken to the “social”. There they took photos again (always handcuffed to the back), registered me for the third time. I had to tell all my diseases I have had. I was stinking all over my body 3 days no chance to wash myself (I think never happened in my live) and finally was told by the social person that I could see Natasha, but they had no vehicle, only the next day. There was an inside counsel and he told me that I should not be here, not according to the law and he called my attorney. I do not know what he told him, but he read one paragraph from the Lei Ambiental and showed me what I knew all along, that there is no such prohibition for preserved dead fish or their transport mentioned in the law (see above).
I was returned to the cell and finally after 3 days I was given a t-shirt, one underwear, two thin linen, a broken tooth brush (an entire one is considered a weapon), a piece of soap and a towel and in the afternoon I was able to stand on the open toilet (there is no cover) and washed myself taking a plastic cup full of water at a time from the only water source splashing all over the cell, hardly getting into the small cup…
In the late afternoon evening I was handcuffed again and transferred to the building where one stays longer (or forever), in the one for the rapists. There are 3 main buildings in the IPAD besides the reclusion, each one with 2×48 cells in two layers, one for rapists; one for drug dealers and the third for murders. The cell I was transferred to, the number 102 had a sign on top JESUS and 4 concrete beds, but I had my “mattress”… This cell was even smaller but for 4, only 2.2 meters by 2.5 meters in size, also with tiny windows and no drain. The toilette next to the entrance so one can see everything it and I was just thinking: “how long I will have to stay here”? When people washed themselves in the upper cells the water came all the way down to the lower cells. Having studied architecture I can only say that this architect must have had a (big) problem… I have never seen a new construction built with such ignorance.
Fortunately the 3 inmates were very friendly and prayed to Jesus in the evening from 18:00 to 21:00, although the light goes out at 20:30 everywhere. They were also singing and thanking God and the possibility to have food everyday. The same singing and praying started 5:00 again and went to 8:30 and in some cells to 9:00, and every inmate in each one of the 96 cells had the right to sing (even if he couldn’t, but before Christ everyone is equal) as long as he wanted. If he was not finished by 9:30 he continued in the evening. 
At 11:00 on Tuesday, September 2nd, I was called to take all my belongings (I had nothing) and was handcuffed again in front, than in the back, than in front, than again back, standing against the wall, walking along the wall, all the way to the front, than waiting against the wall for about 1 hour. Finally I was taken to were my cloth where in storage. I could dress and had to sign that I received everything. Waiting again than I saw outside the attorney standing. Finally the judge, the same who refused our liberation on Monday, has liberated us on Tuesday after the second request. We drove to the prison of the women where Natasha was and by 14:00 we finally left this unbelievable place. It must be one of the worst prison in the world and the most un-human such as the PF-people I had experienced. And President Lula had come here to inaugurate it…
Now we are free, it is a conditional discharge and we have to report to the judge every step we make, if in Brazil or elsewhere. This is, if we displace ourselves for more than 8 days from the residence were we are until he makes a decision and asks for a hearing or not. There is a possibility of a court case, if the accusation will (or can) stand up. We do not know. We will see. It might take, as in other cases, many years…
But the fact remains, that 3 of the accusation are (should be) nil, because
2. We never collected fishes in protected and/or prohibited areas, we always voided them (that is why in the Jutaí we had to travel for days up river to void the reserves);
3. None of the preserved species is prohibited or protected under the list of IBAMA.
Remains the facts of transport of “genetic” dead fishes which are of no interest or value to anyone other than an ichthyologist to identify the species. With “genetic” value able material, as possibly a plant, a flower, a seed or the bark of a tree, with live animals which could be sold or traded, the preserved fishes have NOTHING to do.
This is a fact no one can deny not even the PF or IBAMA. But naturally the PF needs recognition as well as IBAMA. The true criminals they do not get (or do not want to, or are paid not to do), so therefore, as I am very well known and not only in Brazil, I am a “big fish” for the to gain again some recognition as in Brazil (and elsewhere) people do have little respect for what they do today. Have a look at the comments from Brazil and other countries.
I will not mention any name here, just say what I mentioned in I have assisted while writing my book about the Amazon Bleher’s Discus, Volume I:
In many Amazon cities an villages, the major of the place has taken the money and disappeared. No one goes after those. In many cities this has happened (I can name them all, and each one, to anyone who wants). One even went as far and stole more than 2 billion Reais (over 1 billion Euros) and runs free. Every inmate in the IPAD knew the story. Someone protects him in the Government. But no one protected us, although we had only good intentions – in every sense of the word and Amazonas, Brazil and the world would have a benefit from those few dead fish. I had the very best intentions to help this state to bring tourists from all over the world to appreciate these beauties and its unique places. Now I have my doubt that the state of Amazon will profit from what is written in more than 200,000 websites and in other media around the world after my arrest. Naturally I have also enemies (or better guys who are jealous of my hard work to catalogue the aquatic vertebrates and by doing hundreds of expeditions of which they can only dream off), but the majority by far is intelligent enough and can see my positive work. The same I wanted to do and use for the state Amazonas. Not only did I discover things not to found on any map, like a crystal clear river in the Rio Negro system, the largest black-water river on Earth. The most un-believable underwater flora and fauna, in a river with lakes, which is definitely unique on our planet Earth, 100times more beautiful and bigger than the small Rio Bonito stretch of 700 meters or so in Mato Grosso do Sul. Like the highest waterfall of Brazil, also not on any map, were the water tumbles 400 meters down over a Tepuí, unbelievable, next to several more. Like: Natural paradise regions unexplored and never seen by white men, rivers and lakes unknown and to found only on very good google maps (if you search, but than it is never the same). And I could go on and one. Some of those are written up in my book and in some in my articles, but most of those unique places not yet known.
This now is all history now.
The SUFRAMA cancelled my lecture about the tourism and its possibilities for its development for the state Amazonas; Amazontur and the Government of the Amazon state cancelled our agreement for the unique website we were doing; I had to cancel my Amazon lectures in the Czech Republic and in Ethiopia, and much more. This all because of a few preserved fishes, dead specimens which were to be identified for the benefit of Amazonia, Brazil, and Mankind, for the people of this planet to have a little bit more knowledge about the incredible aquatic biodiversity, for today’s and for future generations.
I do not know if the Policia Federal can be very happy with what they did, maybe some like Mrs. Nelbe Ferraz de Freitas and Mr Sérgio Fontes will get a medal but I am sure that they harmed their state and country to a point where hardly tourists will come to Amazonia, anymore. From my little experience and just from the few people you can read about (see wordwide comments), one can get the message.
Who wants to go to a country where the only authority is the Federal Police and where they can do what they want. I just had two such experiments within two days, and know of many who have had it much worse and have done nothing (at least of any matter or importance). My two friends from Denmark were robbed and beaten up in front of the Anna Casia Hotel on this trip on Sunday morning in the centre of Manaus but that no PF or police cared about. Instead they chase aquarists and scientists who only do positive things for their country. This dear PF, IBAMA and Amazon Government, will NEVER bring any positive publicity to Brazil. You should start to care and you all should see both sides of the coin, as well as what is good for your state.
Brazil is loosing, and loosing as never before under the actual applied law, which does remind (and not only me) to the old communist times in Eastern Europe. The only difference is, under communism there was more law and order than today in Brazil under the PF and IBAMA – at least what nature and wildlife, as well as biodiversity is concerned…

Wordwide comments…

Bio-Piracy or Basic Science?…

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