19
representatives. Among other aspects, she testified about the illegal telephone
interceptions and her work as a lawyer who advised the said organizations at the
time of the facts.
(6) Rolf Hackbart. President of the National Institute of Colonization and Agrarian
Reform (INCRA), witness proposed by the State. He testified, among other
matters, on the agrarian reform policy in Brazil and the relations of the Brazilian
Government with the social movements of landless workers.
(7) Sadi Pansera. Legal adviser of the Ouvidoria Agrária Nacional53 of the Ministry
of Agrarian Development, witness proposed by the State. Among other aspects, he
testified on the Brazilian State’s policy to combat violence in rural areas.
(8) Sérgio Sauer. Degrees in Philosophy and Theology, a doctorate in Sociology,
expert witness proposed by the representatives. Among other matters, he provided
his expert opinion on the rural workers’ fight for the right to land and the federal
public policies as well as those of the state of Paraná in this regard.
9) Luiz Flávio Gomes. Lawyer, specialist in criminal law, expert witness proposed
by the Inter-American Commission. He testified on Law No. 9,296 of July 24, 1996,
which regulated telephone interventions, the implementation of the law in general
and in this case in particular.
66.
Regarding the evidence provided during the public hearing, the Court received the
testimony of the following persons:
(1) Celso Aghinoni. Alleged victim, proposed by the Inter-American Commission.
Among other aspects, he testified about: (a) the connection between the
organizations ADECON and COANA and MST; (b) the illegal interception and
monitoring of the telephone lines of the said organizations; (c) the actions
undertaken in the domestic sphere to suspend the interception, and obtain the
destruction of the recordings and the sanction of the authors of the said acts, and
(d) the personal consequences and the consequences for the said organizations of
the dissemination of the recordings.
(2) Teresa Cofré. Legal adviser to COANA and ADECON, witness proposed by the
representatives. She expanded her testimony on the telephone interceptions and
her work as a lawyer who advised the said organizations.
(3) Harry Carlos Herbert. Chief of Police, Director of the State Intelligence
Department of the Secretariat of Public Security of the state of Paraná, witness
proposed by the State. Among other aspects, he testified about the actions of the
state of Paraná when monitoring telephone communications authorized by the
courts.
(4) Maria Thereza Rocha de Assis Moura. Minister of the Superior Court of Justice
of Brazil, expert witness proposed by State. She testified, among other matters, on
the scope of the recurso ordinário constitucional, habeas corpus and the mandado
de segurança under the Brazilian legal system and, with the agreement of the
parties, on the application of Law No. 9:296/96.
53
This entity was established by Decree 5033/04 of April 5, 2004, and its activities relate principally to the
prevention, mediation and reduction of agrarian conflicts. Cf. Expert opinion of Sadi Pansera (merits file, tome III,
folios 929 and 930).