REPORT Nº 61/00* CASE 12.058 GILSON NOGUEIRA CARVALHO BRAZIL October 3, 2000 I. SUMMARY 1. On December 11, 1997 the Inter-American Commission on Human Rights (hereinafter “the Commission”) received a complaint filed against the Federal Republic of Brazil (hereinafter “the State” or “Brazil”) by the Center for Human Rights and Popular Memory (CDHMP), the Holocaust Human Rights Project (HHRP), and the Group of International Human Rights Law Students (GIHRLS). 1 The complaint concerns the assassination of human rights attorney Gilson Nogueira Carvalho in Natal, Río Grande do Norte on October 26, 1996, allegedly as a result of the victim’s denunciations and human rights lawsuits in connection with the activities of a death squad known as the “Meninos de Ouro” (Golden Boys), which is reportedly composed of civilian policemen and staff of the Río Grande do Norte State Public Security Secretariat. The petition also addresses the failure to provide a fair trial with due process and the lack of compensation for the acts committed. 2. The petition alleges that the acts constitute violations of the rights guaranteed in the American Convention on Human Rights (hereinafter “the Convention”) including: Article 4 (right to life); Article 8 (right to a fair trial); and Article 25 (right to judicial protection) in conjunction with Article 1(1) (obligation to respect rights). 3. The State replied that there was evidence of criminal activity in the case of Gilson Nogueira, as well as traces of evidence of the perpetrator, and the case is currently in the preliminary stages: specifically, at the arraignment (pronuncia) stage, which means that the investigations have reached a point at which the conviction that a crime was committed exists, along with traces of evidence of who committed it. 2 4. After analyzing the petition and the fulfillment of the requisites for application of the Convention, the Commission decided to declare the case admissible with respect to the alleged violations of the Convention: Article 4 (right to life); Article 8 (right to a fair trial); and Article 25 (right to judicial protection) in conjunction with Article 1(1) (obligation to respect rights). II. PROCESSING BY THE COMMISSION 5. The Commission received the initial complaint in English on December 11, 1997, and transmitted it to the State on January 21, 1998, requesting a reply within 90 days. At the State’s request that it be sent in Portuguese, the Commission asked the petitioners to submit a translation, which was received on October 13, 1998, and transmitted that same day to the Government, with a request for a reply within 90 days. 6. In view of the State’s failure to reply, on April 1, 1999, the Commission sent a second request to the Government to reply within 30 days. On May 1, 1999, the Commission reiterated to the State that it would consider application of Article 42 of its Regulations if a reply were not received within 30 days. 7. On June 29, 2000, the State sent a one-paragraph statement indicating that the procedure for investigating the murder of attorney Gilson Nogueira de Carvalho had started and that an As prescribed in Article 19(2)(a) of the Commission’s Regulations, Member of the Commission Hélio Bicudo, of Brazilian nationality, did not participate in the discussions or the voting on this case. 1 With the consent of the other petitioners, the Global Justice Center joined the petition on August 25, 2000. 2 The full text of the State’s reply was as follows: Regarding case 11.852 (Gilson Nogueira de Carvalho), I have the honor to inform Your Excellency that, according to information recently received from the Office of the Attorney General of the State of Río Grande do Norte, the investigations into the death of attorney Gilson Nogueira de Carvalho have reached the arraignment stage, which is tantamount to the court admitting there is convincing evidence that a crime has been committed and traces of evidence as to who committed it. At the same time, given that the opinion of the Office of the Attorney General differs from that of the court, it will be up to the Court of Justice of the State of Río Grande do Norte to rule on admission. * 1