4
compliance with the judgment, that the Special Secretariat for Human Rights
submitted a document asking the National Council of Justice to take all measures
necessary to expedite domestic procedural action for investigating the facts of the
instant case. The representatives also reported that the criminal proceeding is
currently at the stage of receiving testimony; seven years after the proceeding was
first opened, the court responsible for it is still sending communications to other
jurisdictions, asking people living in other cities to file their statements. They
specifically described one of these communications ordering that a statement be taken,
pointing out that a full year after it was sent, nothing had yet been done. In the civil
proceeding, the representatives reported that compliance is still pending on a
communication sent to a locale near the competent court; this communication has
been awaiting a response since October 23, 2006.
10.
That the Inter-American Commission appreciated "the State's expression of
willingness and the orders it had issued and information it had submitted;
nevertheless, the Commission observe[d] that it still lacks sufficient information about
specific actions and progress in the investigation of the facts that led to human rights
violations in the instant case. The Commission fe[lt] that the State had not provided
enough information to evaluate compliance with this measure of reparation because it
did not describe specific measures being taken by the judicial branch for the purpose of
identifying, trying and punishing the perpetrators of the violations committed in the
instant case, within a reasonable period." Therefore, the Commission believed it would
be "useful and necessary for [Brazil] to explain the current stage of the on-going
investigation of events that led to the death of Damião Ximenes Lopes, the actions it is
taking to complete this measure of reparation as quickly as possible and […] how these
actions qualify as measures that will lead to true compliance with the orders of the
Court. The State should also describe all other measures and steps it has taken to
complete this still-pending area of reparation."
11.
That the Inter-American Court values the signing of the Technical Cooperation
Agreement by the Ministry of Justice, the Special Secretariat for Human Rights of the
President of Brazil and the National Council of Justice, one of whose objectives is to
ensure more expeditious proceedings in cases of human rights violations that come
before the judicial branch and are under observation by international protection
systems. The Court also takes note of the request for the National Council of Justice to
undertake whatever actions are necessary to quicken the criminal proceedings
involving the death of Damião Ximenes Lopes. Nevertheless, the Court notes that the
State did not provide detailed information on the current procedural status of the
investigation or any progress made since the judgment in this case was delivered on
July 4, 2006. Moreover the Court notes that nine months elapsed after the Technical
Cooperation Agreement was signed, before the National Council of Justice was asked
to intervene so as to expedite the criminal investigation in the instant case, a measure
that was taken a year after the judgment in the instant case was rendered. Finally, the
Court points out that more than eight years have passed since the death of Damião
Ximenes Lopes, and no progress has been made to clarify the facts of the case or to
identify and, if appropriate, punish the perpetrators. Cognizant of these circumstances,
the Court believes that it is critically important for Brazil, in its next report, to provide
up-to-date, detailed information on the status of the criminal investigation; on
measures taken by the National Council of Justice with regard to the instant case, and
on progress made subsequent to August 28, 2007, when the Council was ordered to
intervene.
*