Inter-American Court of Human Rights
Case of Nogueira de Carvalho et al. v. Brazil
Judgment of November 28, 2006
(Preliminary Objections and Merits)

In the Case of Nogueira de Carvalho et al.,
the Inter-American Court of Human Rights (hereinafter “the Inter-American Court” or “the
Court”), comprising the following judges:*
Sergio García Ramírez, President;
Alirio Abreu Burelli, Vice President;
Antônio Augusto 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 Article 62(3) of the American Convention on Human Rights (hereinafter “the
American Convention” or “the Convention”) and Articles 29, 56 and 58 of the Rules of
Procedure of the Court (hereinafter “the Rules of Procedure”), hereby delivers this
Judgment.
I
INTRODUCTION OF THE CASE
1.
On January 13, 2005, in keeping with the provisions of articles 50 and 61 of the
American Convention, the Inter-American Commission on Human Rights (hereinafter “the
Inter-American Commission” or “the Commission”) submitted to the Court an application
against the Federal Republic of Brazil (hereinafter “Brazil” or “the State”), originating from
petition No. 12.058, received by the Secretariat of the Commission on December 11, 1997.
2.
The Commission filed this application for the Court to determine whether the State
was responsible for breaching the rights set forth in Articles 8 (Right to a Fair Trial) and 25
(Right to Judicial Protection), in reference to Article 1(1) (Obligation to Respect Rights) of
the American Convention, in injury of Jaurídice Nogueira de Carvalho and Geraldo Cruz de
Carvalho (hereinafter “the alleged victims”), for alleged lack of due diligence in the process
of investigating the facts and applying sanctions to those responsible for the death of
Francisco Gilson Nogueira de Carvalho (hereinafter “Gilson Nogueira de Carvalho” or “the
attorney”), and the failure to provide an effective remedy in the instant case. The
Commission noted that the alleged victims are the parents of Gilson Nogueira de Carvalho,
*

Judge Oliver Jackman did not take part in the deliberations or signing of this Judgment, having informed
the Court that, owing to circumstances beyond his control, he was unable to attend the LXXIII Regular Session of
the Court.

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