in accordamce with Article 1(1) of the Convention, in relation to the rights
recognized in Articles 6, 5, 7, 22, 8 and 25 of this instrument.
e. Failure to adopt measures in accordance with Article II of the Declaration, in relation
to Article XVIII of this instrument and, after September 25, 1992, with Article 1(2)
of the Convention, in relation to the rights recognized in Articles 8 and 25 of this
instrument, to the detriment of the workers Iron Canuto da Silva, Luis Ferreira da
Cruz, Adailton Martins dos Reis, José Soriano Da Costa, and of the next of kin of the
first two, who include José Teodoro da Silva and Miguel Ferreira da Cruz.
f. Application of the statute of limitations in this case in violation of Articles 8(1) and
25(1) of the Convention, in relation to the obligations established in Article 1(1) and
in Article 2 of this instrument, to the detriment of the workers Iron Canuto da Silva,
Luis Ferreira da Cruz, Adailton Martins dos Reis, José Soriano Da Costa, and of the
next of kin of the first two, who include José Teodoro da Silva and Miguel Ferreira
da Cruz, as well as of the workers who were in Hacienda Brasil Verde during the
1997 inspections.
ii)
Recommendations. Consequently, the Commission made the following
recommendations to the State:
a. Make adequate pecuniary and non-pecuniary reparation for the human rights
violations. In particular, the State should ensure restitution to the victims of the
salaries owed for the work performed, together with the sums of money taken from
them illegally. If necessary, this restitution may be made from the illegal earnings
of the Hacienda’s owners.
b. Investigate the facts relating to the human rights violations declared in the
Admissibility and Merits Report concerning slave labor, and conduct the investigation
impartially and effectively and within a reasonable time in order to clarify the facts
fully, identify those responsible, and impose the corresponding sanctions.
c. Investigate the facts related to the disapperance of Iron Canuto da Silva and Luis
Ferreira da Cruz and conduct the investigations impartially and effectively and within
a reasonable time in order to clarify the facts fully, identify those responsible, and
impose the corresponding sanctions.
d. Order the corresponding administrative, disciplinary or criminal measures in relation
to the acts or omissions of the State officials that contributed to the denial of justice
and to the impunity of the facts of the case. In this regard, special emphasis should
be placed on the fact that administrative rather than criminal proceedings were
instituted to investigate disappearance; that administrative and labor proceedings
were instituted to investigate slave labor, and that the statute of limitations was
applied to the only criminal investigation opened with regard to this crime.
e. Establish a mechanism to help locate the victims of slave labor and Iron Canuto da
Silva, Luis Ferreira da Cruz, Adailton Martins dos Reis, José Soriano da Costa, as
well as the next of kin of the first two, José Teodoro da Silva and Miguel Ferreira da
Cruz, in order to make reparation to them.
f. Continue implementing public polices, and legislative and other measures to
eradicate slave labor. In particular, the State should monitor slave labor and punish
those resposble at all levels.
g. Reinforce the legal system and create mechanisms for coordination betwen the
criminal jurisdiction and the labor jurisdiction in order to close any gaps in the
investigation, prosecution and punishment of those responsible for the crimes of
servitude and forced labor.
h. Ensure strict compliance with labor laws concerning work shifts and payment equal
to that of other salaried workers.
i. Take the necessary measures to eliminate any type of racial discrimination; in
particular, organize campaigns to raise the awareness of the general pubic and State
officials, including agents of justice, regarding discrimination and subjection to
servitude and forced labor.
c) Notification to the State. The Admissibility and Merits Report was notified to the State
in a communication of January 4, 2012, and the State was granted two months to
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