Gilson Nogueira and of his actual murder. According to Luis, four members of the death squad (two from each subdivision of “Golden Boys”) took part in the murder led by the Deputy Secretary of Defense Maurilio Pinto de Medeiros. The four that took part, according to Luis, were Maurilio Pinto Jr., Otávio Ernesto, Jorge Luis Fernandes (alias “The Smotherer”) and policeman Admilson Fernandez. 36. The then Director of Human Rights Watch (HRW) and the BBC reporters apparently met Luis on several occasions, with each encounter yielding more information as to the pattern of the killings and location of the clandestine graveyard. Luis also gave the names of the victims. The BBC and HRW professionals checked those names in local newspaper archives and confirmed that several of them were dead or had disappeared. The BBC reporters filmed one of the interviews in which Luis provided extensive information, and, specifically, details of Gilson Nogueira’s assassination. 37. According to this information provided by the petitioners, the Human Rights Watch and BBC staff contacted investigate reporter Caco Barcellos of the Globo television network, who in turn hand the information over to the Federal Police authorities in Brasilia. Armed with the data on the existence of a clandestine burial place, together with the information on the death of Gilson Nogueira, the Federal Police obtained a warrant to search the property where the bodies had allegedly been disposed of. The plot of land belonged to former civil police officer Otavio Ernesto. 38. On November 16, 1998, Federal Police agents entered the premises owned by Otavio Ernesto pursuant to the warrant, accompanied by Globo network and BBC journalists and Human Rights Watch staff. After a morning spent searching in vain for the bodies, the police decided to suspend the search. The petitioners maintain that with the (archeological) search method employed it would have taken 20 days to comb the area completely. During their search, the police found weapons and arrested Otavio Ernesto for illegal possession of firearms. A few days later Otavio Ernesto was released. 39. The authorities in charge of the investigation decided to conduct a laboratory test to see whether the weapons seized matched the deflagrated bullet shells found at the site where Gilson Nogueira was killed. The ballistic analyses showed conclusively that they belonged to one of those weapons. On that ground, and on the basis of the Luis interview, the Government Attorney (Promotor de la Justicia) indicted Otavio Ernesto and ordered his arrest. As this report was written no date had been set for his trial. 40. According to this same information, in April 1999 Judge Patricia Gondim Moreira Pereira summoned James Cavallaro, Director of HRW, to testify and in his statement he told her the names of the policemen and civilians who, according to Luis, took part in the murder of Gilson Nogueira, together with details of the conspiracy and assassination, including Luis’ statement that Maurilio Pinto de Medeiros had coordinated the murder. 41. The next day, James Cavallaro gave an interview to the local newspaper in Natal (Diario de Natal), in which he repeated the information he had given the judge. As a result of that interview, Maurilio Pinto de Medeiros filed a civil action against Cavallaro, demanding payment of damages. He also filed a criminal accusation with the Office of the Public Prosecutor, which admitted it and opened a case for libel, in which evidence had already been heard on August 4, 2000. 42. This additional information was transmitted to the State on August 30, 2000, with a request that it reply within 30 days. No reply from the State has been received. B. Position of the State 43. The State has not contested the facts alleged in the petition. However, in its succinct reply, the State indicated that there is evidence of criminal activity in the case of Gilson Nogueira, as well as traces of evidence of the perpetrator, and the case has been reopened with an accusatory statement (“pronuncia”, indiciamiento) that has been appealed by the public 6

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