24
85.
The Commission claimed the violation of the right to privacy, honor and reputation
of the alleged victims by attributing to the State the responsibility for the interception and
recording of the telephone conversations, for the dissemination of their content and for the
refusal of the Judiciary to destroy the recorded material. The representatives agreed
substantially with the claims of the Commission. The State responded that the alleged
violation had not been committed, because there were no irregularities in the proceeding
relating to the telephone interceptions; that the eventual decision in that proceeding would
not result in prejudice to the honor or dignity of any individual, and that the conduct of the
agents involved in these events was duly examined in the domestic jurisdiction and,
consequently, a review of these proceedings by the international court is inadmissible.
86.
In order to examine the alleged violation of Article 11 of the American Convention,
the Court: (1) will establish the facts of this case, and (2) will make some observations on
the right to privacy, honor and reputation, and examine the arguments of the parties
concerning: (i) the interception and recording of the private telephone conversations, and
(ii) the dissemination of the contents of the recorded material.
1) Facts of the instant case
87.
The facts of this case occurred in a context of social conflict related to the agrarian
reform in several Brazilian states, including Paraná,69 which led the state to implement a
series of public policies and measures to deal with it.70
88.
At the time of the facts, Arlei José Escher, Dalton Luciano de Vargas, Delfino José
Becker, Pedro Alves Cabral and Celso Aghinoni were members of the social organizations
ADECON and COANA.71 The purpose of ADECON was community development and the
integration of its members, through cultural, sporting and economic activities, while COANA
sought to integrate farmers into joint economic activities and the sale of their products. The
two organizations had a de facto relationship with MST, with which they shared the
common goal of advancing agrarian reform.72
69
Cf. Report entitled Conflictos de Tierra por Estado Federado – Brasil – 1999, by the Comissão Pastoral da
Terra (file of attachments to the pleadings and motions brief, attachment 1, folio 982); testimony of Marli Brambilla
Kappaum rendered before notary public on November 7, 2008 (merits file, tome III, folio 981 and 982); testimony
of Teresa Cofré rendered before notary public on November 6, 2008 (merits file, tome III, folio 975 and 976) and
at the public hearing held on December 3, 2008 before the Inter-American Court of Human Rights; expert opinion
of Sérgio Sauer rendered before notary public on November 7, 2001 (merits file, tome III, folio 985 to 992); note
entitled “PM tem tática especial de ação para desocupar áreas invadidas” in the issue of the Folha do Paraná
newspaper published on June 23, 1999 (file of attachments to the brief with pleadings and motions, attachment
10, folios 2016 and 2017), and Article entitled “Terror no Paraná” in the magazine, Caros Amigos, edition No. 27 of
June 1999 (file of attachments to the brief with pleadings and motions, attachment 10, folios 2030 to 2039),
among others.
70
The measures adopted by the State included: (i) implementation of a national plan to combat violence in
rural areas (File of attachments to the answer to the application, tome I, attachment 11, folios 2228 to 2245) (ii)
elaboration of a manual of national guidelines on the execution of court orders to maintain or reinstate collective
ownership (File of attachments to the answer to the application, tome I, attachment 11, folios 2246 to 2254), and
(iii) promulgation of Decree No. 6,044 of February 12, 2007, establishing the “National Policy for the Protection of
Human Rights Defenders” (file of attachments to the answer to the application, tome I, attachment 12, folios 2256
to 2259).
71
Cf. Minutes of the third General Assembly of COANA of March 13, 1999 (file of attachments to the pleadings
and motions brief, attachment 2, folio 1023); Minutes No. 24 of the Special Assembly of ADECON of March 7, 1998
(file of attachments to the answer to the application, tome I, attachment 10, folio 2207), and COANA Statutes
signed on December 5, 1999 (file of attachments to the answer to the application, tome I, attachment 10, folio
1068).
72
In their testimony, Arlei José Escher, Delfino José Becker and Pedro Alves Cabral stated that they “were
unaware of a specific connection between [COANA] or ADECON and the Landless Movement [MST].” However,
Alves Cabral and Becker stated, respectively, that “the two [organizations] support agrarian reform” and that
“they are made up of settlers, who hail from MST.” Also, Celso Aghinoni indicated that COANA and ADECON were
composed of former landless workers who had been settled and had had their rural property regularized, and that