25 1(i) Interception and dissemination of the telephone conversations 89. In a brief dated April 28, 1999, the Deputy Commander and Chief of Staff of the Military Police, Colonel Valdemar Kretschmer (hereinafter “Colonel Kretschmer”), asked the Secretary for Public Security of the state of Paraná at the time, Cândido Martins (hereinafter also the “former Secretary of Security” or the “former Secretary), to obtain the necessary authorization from the Court of Law of the district of Loanda (hereinafter “ the Loanda Court”) “to carry out the interception and monitoring of telephone communications on the lines of COANA, Nos. (044) 462-14[XX] and (044) 462-13[XX].” This brief also includes an authorization of the same date, from the former Secretary of Security for Colonel Kretschmer to submit the request to the competent court73 (infra para. 99). 90. On May 5, 1999, Major Waldir Copetti Neves, Head of Águila Group of the Military Police of Paraná (hereinafter “Major Neves”), filed before the Loanda Court a request to intercept and monitor the telephone line (044) 462-14[XX], installed in the offices of COANA, “owing to the strong evidence that it was being used by MST leaders for criminal purposes.” The request mentioned supposed indications of diversion by COANA leaders of financial resources granted through the National Family Agriculture Program (PRONAF) and the Program of Special Credit for the Agrarian Reform (PROCERA) to the workers of the Pontal do Tigre Settlement, in the municipality of Querência do Norte. It also referred to the murder of Eduardo Aghinoni, “the authorship of which was being investigated and [it was suspected that] one of the motives for the crime [was the] diversion of the said resources.”74 The Loanda Court received this request, and initiated the telephone interception procedure known as request to monitor a telephone terminal No. 41/99 (hereinafter “monitoring petition”). 91. On May 5, 1999, Judge Elisabeth Khater (hereinafter “Judge Khater”), head of the Loanda Court, authorized the request for telephone interception by a simple annotation in the organizations made their physical structure, such as its office, telephone and vehicle, available to MST, because they also support the agrarian reform. Cf. Testimony given by Arlei José Escher before notary public on November 7, 2008 (merits file, tome III, folio 966); testimony given by Delfino José Becker before notary public on November 7, 2008 (merits file, tome III, folio 968); testimony given by Pedro Alves Cabral before notary public on November 7, 2008 (merits file, tome III, folio 970), and testimony given by Celso Aghinoni during the public hearing, supra note 66. In addition to these statements, the Court notes that other evidence indicates a relationship between COANA, ADECON and MST: (a) Marli Brambilla declared that “the cooperative is not disconnected from [MST] and, from the time […] the settlement was created, [organized the productive activities of the settlers]”; (b) the State affirmed during the public hearing that “in Paraná 80 per cent of the settled families have links to MST”; (c) the telephone interception request of May 3, 1999, stated that the leaders of COANA are leaders of MST; (d) the latter was a co-petitioner of the criminal action to investigate the agents involve in the telephone interception and the dissemination of the tapes; (e) the ruling that acquitted the Secretary of Public Security at the time mentioned that COANA and ADECON were linked to [MST], and (f) Colonel Valdemar Kretschmer, Judge Elisabeth Khater and the prosecutor Nayani Kelly Garcia testified to this effect also. Cf. respectively, testimony given by Marli Brambilla Kappaum before notary public on November 7, 2008, supra note 69, folio 981; oral arguments of the State in the public hearing held on December 3, 2008, before the InterAmerican Court of Human Rights; telephone interception request of May 3, 1999, supra note 66, folios 2131 and 2132; representação criminal filed before the Public Prosecutor’s Office on August 19, 1999 (file of attachments to the brief with pleadings and motions, attachment 3, folios 1212 to 1227); decision of the Second Criminal Chamber of the Court of Justice of the state of Paraná of October 14, 2004, supra note 27, folio 112; Testimony of Colonel Kretschmer of October 4, 1999, during criminal investigation No. 82.561-5 (file of attachments to the pleadings and motions brief, attachment 3, folio 1315); official communication No. 74/99-g.j. of November 18, 1999, signed by Judge Elisabeth Khater, during criminal investigation No. 82.561-5 (file of attachments to the pleadings and motions brief, attachment 3, folio 1518), and testimony of Nayani Kelly Garcia of May 13, 2000, during criminal investigation No. 82.561-5 (file of attachments to the pleadings and motions brief, attachment 3, folio 1560). 73 Cf. Telephone interception request of April 28, 1999, within the framework of Monitoring Petition No. 41/99 (file of attachments to the answer to the application, attachment 10, folios 2161 and 2162). 74 Cf. Application for telephone interception of May 3, 1999, supra note 66, folios 2131 and 2132.