REPORT Nº 18/06 1
PETITION 12.353
ADMISSIBILITY
ARLEY JOSÉ ESCHER ET AL.
(TAPPING OF THE TELEPHONE LINES OF SOCIAL ORGANIZATIONS)
BRAZIL
March 2, 2006
I.
SUMMARY
1. On June 30, 2000, the National Popular Lawyers Network (RENAAP), and the Center for
Global Justice (CJG) (hereinafter “the petitioners”), lodged a complaint with the Inter-American
Commission on Human Rights (“the Commission”) against the Federative Republic of Brazil
(the “State”) claiming the alleged violation of the rights to due legal process (Article 8), to
respect for personal honor and dignity (Article 11), and judicial protection (Article 25), and
also the violation of the obligation to respect rights (Article 1.1) stipulated in the American
Convention on Human Rights (the “American Convention”) to the detriment of members of the
social organizations ADECON and COANA, two cooperatives associated with the Landless
Workers’ Movement, through the alleged illegal tapping and monitoring of their telephone lines
between April and June, 1999 by the Paraná military police.
2. Regarding the requirements for admissibility, the petitioners stated that they attempted to
put an end to these violations and by means of a mandado de segurança to bring a criminal
charge and attempt to bring those responsible to justice. Furthermore, they allege that they
lodged this complaint within the period of six months and have fulfilled the other formal
requirements established by the Convention and the Rules of Procedure of the Commission for
the presentation of petitions.
3. The State, for its part, alleges that the petitioners have not launched a constitutional appeal
before the Supreme Federal Court and so have not exhausted the remedies available under
domestic law, thus establishing grounds for the inadmissibility of the petition, in accordance
with the terms of Article 45.1.a of the American Convention.
4. Having examined the positions of the parties, the Commission concludes that it has
competence to decide on the complaint lodged by the petitioners, and that the case is
admissible, in accordance with Article 46 of the American Convention. Consequently, the
Commission decides to notify its decision to the parties, to publish the present Admissibility
Report, and to include it in its Annual Report.
II.
PROCESSING BY THE COMMISSION
5. On December 26, 2000, the Commission received a complaint lodged by the National
Network of Autonomous People’s Lawyers (RENAAP) and the Center for Global Justice, for
which it acknowledged receipt on December 27 of the same year. On December 27, 2000, the
Commission transmitted the complaint to the Government so that it could reply within 90 days.
On August 8, 2001, the petitioners requested the IACHR to hold a hearing on the case. The
Commission granted a hearing to discuss the question of the admissibility of the case, and this
was held on November 14, 2001. At the end of the hearing, the State presented a written
record of its position concerning the admissibility of the case, which was transmitted to the
petitioners on November 26, 2001. On January 22, 2002, the Commission received the
petitioners’ reply, which was immediately transmitted to the State. On October 15, 2002, a
working meeting was held with the parties in the headquarters of the Commission. On May 20,
2005, a new communication was received from the petitioners. On October 12, 2005, the
IACHR received a communication from the State in which it repeated its position concerning
the admissibility of the case. On October 25, 2005, the Commission received an amicus curiae
brief in support of the admissibility of the petition presented by the Robert F. Kennedy
Memorial Center for Human Rights.
III. POSITIONS OF THE PARTIES
1 Commission member Paula Sergio Pinheiro, of Brazilian nationality, did not take part in the deliberations or vote on
the present report, in accordance with Article 17.2.a of the Rules of Procedure of the Commission.
1