Inter-American Court of Human Rights
Case of Ximenes-Lopes v. Brazil
Judgment of November 30, 2005
(Preliminary Objection)

In the case of Ximenes-Lopes,
the Inter-American Court of Human Rights (hereinafter “the Inter-American Court”, “the
Court” or “the Tribunal”), composed of the following judges:
Sergio García-Ramírez, President;
Alirio Abreu-Burelli, Vice President;
Oliver Jackman, Judge;
Antônio A. Cançado Trindade, Judge;
Cecilia Medina-Quiroga, Judge;
Manuel E. Ventura-Robles, Judge, and
Diego García-Sayán, Judge

also present,
Pablo Saavedra-Alessandri, Secretary, and
Emilia Segares-Rodríguez, Deputy Secretary;
pursuant to Articles 37, 56 and 58 of the Rules of Procedure of the Court (hereinafter “the
Rules of Procedure”),1 delivers the following Judgment on the Preliminary Objection raised
by Brazil (hereinafter “the State” or “Brazil”).

I
INTRODUCTION OF THE CASE
1.
On October 1, 2004, pursuant to the provisions of Articles 50 and 61 of the American
Convention on Human Rights (hereinafter “the Convention” or “the American Convention”),
the Inter-American Commission on Human Rights (hereinafter “the Commission” or “the
Inter-American Commission”) filed before the Court an application against the State
originating in petition No. 12.237, received by the Secretariat of the Commission on
November 22, 1999.

1

This judgment is delivered in accordance with the Rules of Procedure adopted by the Inter-American Court
of Human Rights at its 49th Regular Session by Resolution dated November 24, 2000, which came into effect on
June 1, 2001, and in accordance with the partial amendment adopted by the Court at its 61st Regular Session by
Resolution dated November 25, 2003, effective as of January 1, 2004.

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