25 B) Facts subsequent to the recognition by Brazil of the contentious jurisdiction of the Court 67.18. On December 10, 1998, in response to a request by the Federal Police Chief in charge of the investigation, the National Bureau of Criminology of the Federal Police concluded that a used cartridge found on the site where Gilson Nogueira de Carvalho died had been fired from the Remington 12-gauge shotgun seized from the possession of Otávio Ernesto Moreira.35 67.19. On January 14, 1999, Otávio Ernesto Moreira stated in a declaration to the Federal Police, “...before I retired, whenever some other officer was going out on a big operation, I usually [lent] the [...] [Remington 12-gauge] shotgun;” he did not recall whether the weapon was in his possession or in the possession of third parties on the day of the death of Gilson Nogueira de Carvalho. He explained that he had already lent the shotgun to various civil police officers, including Palmério and Lumar Pinto, who worked in the Secretariat of Public Security of the State of Rio Grande do Norte, and Gilson Ramos. Later, speaking before the Court of Macaíba, he said that the shotgun was in his house on the day of the death of Gilson Nogueira de Carvalho.36 67.20. On January 25, 1999, 11 days after former officer Otávio Ernesto Moreira made his statement to the Federal Police, the Office of the Public Prosecutor filed charges against him, based on police investigation No. 296/96. The Office of the Public Prosecutor claimed that Otávio Ernesto Moreira, “together with two other unidentified subjects, also armed, fired shots at Attorney […] Gilson Nogueira de Carvalho, and one of the [shots penetrated] his cranial region, producing the injuries described in the [autopsy report].” The charge added that “the accused […] pointed his weapon out the window of the vehicle, aiming at the attorney-victim, and fired but missed his target.” The Office of the Public Prosecutor concluded saying there was no question that former police officer Otávio Ernesto Moreira was one of the principals in the murder of Attorney Gilson Nogueira de Carvalho and that “[it was] certain, therefore, that the accused [committed] the crime defined in Brazilian Criminal Code Article 121, § 2°, subparagraphs I and IV (homicide aggravated by motive -vengeance -- by ambush and using means that rendered the victim defenseless).”37 67.21. On March 3, 1999, Antônio Lopes, known as Carla, was murdered; he had carried out private investigations into the circumstances of the death of Gilson Nogueira de Carvalho.38 35 Cf. statement by Federal Police Chief Augusto César Serra Pinto, December 10, 1998 (file of appendixes to the response to the application, Appendix 1, Volume 4, folios 4137 through 4140); and opinion No.41.684 of the National Bureau of Criminology of the Federal Police, December 10, 1998 (file of appendixes to the response to the application, Appendix 1, Volume 4, folios 4144 through 4146). 36 Cf. statement by Otávio Ernesto Moreira on January 14, 1999, supra note 34; and by Otávio Ernesto Moreira to the Second Chamber of the Court of Macaíba on February 10, 1999 (file of appendixes to the response to the application, Appendix 1, Volume 5, folios 4241 through 4244). 37 Cf. criminal charges, January 25, 1999, supra note 22. 38 Cf. note from Secretary of Justice Renan Calheiros, addressed to the Governor of the State of Rio Grande do Norte, Garibaldi Alves Filho, March 5, 1999 (brief of preliminary exceptions and possible merits, reparations and legal costs, Volume IV, folio 783); and note from the Governor of the State of Rio Grande do Norte, Garibaldi Alves Filho, addressed to Secretary of Justice Renan Calheiros, March 10, 1999 (file of appendixes to the response to the application, Appendix 16, Volume 1, folios 6223 and 6224).