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Competent authorities ignored evidence and testimony upholding the thesis that the
death was a homicide planned by the death squad known as the “golden boys.”
Charges were filed only 46 days after the ballistics report was released on December
10, 1998, even though this ballistics test could have provided clues as to the
participation of other police officers. Following the arrest of Otávio Ernesto Moreira
and identification of the murder weapon by means of ballistics analysis, the State
failed to conduct the necessary procedures to identify other participants in the
homicide. For example, the Federal Police did not question members of the Civil
Police of the State of Rio Grande do Norte to whom Otávio Ernesto Moreira
customarily lent his weapon or police officers who allegedly took part in the death
squad, nor were these procedures requested by the prosecuting attorney or the
presiding judge. When investigations resumed on September 24, 1998, the errors
could have been corrected, but they were not. The hundreds of procedures
performed by the Federal Police and by the judicial branch were the result of simple
mechanical application of procedural formalities. The way investigations were
conducted, as well as the production of evidence, made it very difficult to pin the
blame on the people involved in the death of Gilson Nogueira de Carvalho;
ii.
the Office of the Public Prosecutor and judicial authorities who conducted the
case were not diligent; among other things, they did not order the case file on the
death of Antônio Lopes to be added to the file for the criminal process against Otávio
Ernesto Moreira so that the appropriate connection could be made between the two
deaths; they did not diligently conduct investigations into the death of Antônio
Lopes; they did not summon the witness Angélica da Silva Campelino to give
testimony before the jury trial; they concurred with the content of the question
posed to the jury, to the effect that Otávio Ernesto Moreira had fired the shots and
produced the injuries described in the autopsy report, even though they knew that
the accused had not been physically perpetrated the homicide; and
iii.
there has been undue delay in the criminal process, as more than nine years
after the murder of Gilson Nogueira de Carvalho, the process has not been
completed, and no one has been held responsible. The State's pleadings on the
complexity of the case cannot be held as a pretext for lack of concrete results in the
investigation. The prevailing impunity in the instant case is the result of inefficient
performance by authorities responsible for conducting investigative procedures.
Arguments of the State
70.
The State claims, inter alia, that:
a)
the Court does not hold jurisdiction to rule on the alleged violation of the right to life
for reasons of time, because the homicide of Gilson Nogueira de Carvalho took place two
years before the State had recognized the contentious jurisdiction of the Court, and the
effects of that recognition are not retroactive;
b)
concerning the right to a fair trial and the right to judicial protection:
i.
the State conducted a conscientious investigation consistent with the rules of
due process of law. Both the police investigation and the criminal process unfolded
over a reasonable amount of time. The investigation was supervised by multiple
public bodies and was performed by the Federal Police rather than the Civil Police of
the State of Rio Grande do Norte, in view of the possibility that members of the
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