21.
The events described in the petition have taken place since 1982,
when the State had not ratified the American Convention. On these grounds, the
Commission has competence ratione temporis to establish whether in the period prior
to September 25, 1992, the date on which the State ratified the Convention,
violations of the human rights established in the American Declaration took place.
Similarly, the Commission has competence ratione temporis in relation to the alleged
violations of the rights and freedoms protected in the American Convention with
respect to the events that took place following the ratification of the aforementioned
Treaty.
22.
The present petition denounces violations of rights protected in the
American Declaration and the American Convention. In accordance with the
foregoing, the Commission has competence ratione materiae to examine the petition.
23.
Finally, the Commission has competence ratione loci to examine this
petition because it alleges violations of rights established in the American Declaration
and the American Convention which took place in the territory of a State Party to
said instruments.
B.
Other requirements
1.
Exhaustion of remedies under domestic law
24.
Article 46.1.a of the American Convention states that one requirement
for a petition to be admissible is the prior exhaustion of the remedies available under
domestic law.
25.
In this regard, the IACHR observes that according to the information
lodged by both parties, it is an uncontested fact that the alleged victim was murdered
in the city of Marabá, on July 18, 1982. A police investigation (IPL No. 024/82) was
opened and this established circumstantial evidence implicating three persons,
Manoel Cardoso Neto, José Pereira da Nóbrega, and Crescencio Oliveira de Souza.
The attorney general’s office filed a criminal charge against the three persons referred
to on August 19, 1983.
26.
In this regard, the Commission notes that in accordance with the
documents lodged by the parties, the Judge received the criminal accusation on
August 23, 1983. The initial investigative stage of the proceedings, regarding the
questioning of the accused, lasted five years, from 1983 until 1988, when the last
defendant, Manoel Cardos Neto was questioned by the judicial authorities on April
29, 1988. According to the file lodged with the IACHR, the following stage of the
proceedings, concerning witness statements, lasted from 1988 until 1991. During
this period several hearings were scheduled but many of them were postponed.
Similarly, the stage for the presentation of final submissions from the parties lasted
seven years, from 1991 to 1998.
27.
According to the file lodged with the IACHR, the attorney general’s
office lodged final allegations which called for the Pronúncia 7 of Manoel Cardoso Neto
and José Pereira da Nóbrega, and the Impronúncia of Crescencio Oliveira de Souza.
Two years later the judge in the criminal proceedings on August 31, 2000 issued a
7 For crimes within the competence of the Tribunal de Jurados, once probable cause proceedings have
been opened, the judge must examine the book of evidence (acervo probatorio) in the criminal proceedings
in order to verify whether or not it is possible to show the probable existence of a culpable homicide, as
well as the respective and alleged perpetrator. Consequently, the Magistrate produces the Pronúncia
decision, in which he confirms the existence of evidence that would indicate the materiality and perpetrator
of the crime and determines the legal disposition and related sanctions he understands apply to the
prisoner. Regarding the Pronuncia see Article 408 of the Brazilian Penal Code. In addition, if the indications
noted supra are not present in the file, the judge must pronounce the Impronúncia of the prisoners.