3 took every possible administrative and judicial measure that was requested of it, to investigate the facts that had been denounced, and that adequate and effective remedies were available to the alleged victims to contest the State’s acts,” and declared that Articles 1(1), 2, 8, 11, 16, 25 and 28 of the American Convention were not violated. The State appointed Hildebrando Tadeu Nascimento Valadares as its Agent, and Márcia Maria Adorno Cavalcanti Ramos, Camila Serrano Giunchetti, Bartira Meira Ramos Nagado and Cristina Timponi Cambiaghi, as deputy agents. 6. In accordance with Article 37(4) of the Rules of Procedure, the Commission and the representatives submitted their arguments on the preliminary objections filed by the State on August 24 and 27, 2008, respectively. II PROCEEDING BEFORE THE COURT 7. The Commission’s application was notified to the State and to the representatives on February 6, 2008.2 During the proceedings before the Court, in addition to the presentation of the principal briefs (supra paras. 1, 4 and 5) and others forwarded by the parties, the President of the Court (hereinafter “the President”) decided in an Order of October 8, 2008,3 that the testimony of eight witnesses proposed by the Commission, the representatives and the State, and also the reports of the two expert witnesses proposed by the representatives, be received by statements made before notary public (affidavit), and the parties were given the opportunity to submit observations on all of them. Also, bearing in mind the special circumstances of the case and the information provided to the Court, the President convened the Commission, the representatives and the State to a public hearing to listen to the testimony of Celso Aghinoni, Avanilson Alves Araújo and Harry Carlos Herbert offered by the Commission, the representatives and the State, respectively; the opinions of the expert witnesses Luiz Flávio Gomes and Maria Thereza Rocha de Assis Moura, the former proposed by the Commission and the latter by the State, and the final oral arguments of the parties on the preliminary objections and the possible merits, reparations and costs.4 8. The public hearing took place on December 3, 2008, during the thirty-seventh special session of the Court held in Mexico City, D.F.5 2 The Commission’s application was forwarded to the State and to the representatives by the Court’s Secretariat on January 30, 2008. On the same date, the State was advised that it could appoint a judge ad hoc to take part in the deliberation of this case. In this regard, on January 24, 2008, the Inter-American Commission forwarded the brief entitled “Position of the Inter-American Commission on Human Rights on the office of judge ad hoc.” The original brief of the application with its attachments was received by courier by the State and representatives on February 6, 2008, and this is the date of notification, as the Secretariat opportunely advised the State. On March 24, 2008, following an extension granted by the Court, the State appointed Roberto de Figueiredo Caldas as judge ad hoc. 3 Cf. Case of Escher et al. v. Brazil. Notice of a public hearing. Order of the President of the Court of October 8, 2008, first operative paragraph. 4 5 Cf. Case of Escher et al. v. Brazil. Notice of a public hearing, supra note 3, fourth operative paragraph. At this hearing, there appeared: (a) for the Inter-American Commission: Juan Pablo Albán Alencastro, Lilly Ching Soto and Leonardo Alvarado, legal advisers; (b) for the representatives: James Cavallaro, Andressa Caldas and Luciana Silva Garcia de Justiça Global, and Josinaldo da Silva Veiga de la Rede Nacional dos Advogados Populares, and (c) for the State: Ambassador Tadeu Valadares, Ambassador Sérgio Augusto de Abreu e Lima, Minister Ana Lucy Gentil Cabral Peterson, Counselor Márcia Maria Adorno Cavalcanti Ramos, Secretary Camila Serrano Giunchetti, and the international advisers of the Special Human Rights Secretary Cristina Timponi Cambiaghi and Bartira Ramos Nagado.

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