Commission concludes that the petition under study was lodged within a reasonable
period of time.
63.
The initial human rights violations being alleged were said to have
occurred with Decree No. 7,820 of September 12, 1980, which declared the tract of
land planned for the CLA to be of public use or interest for expropriation
purposes. The violations alleged to have occurred thereafter happened over the
course of time, as certain families were moved to the “agrovilas,” and many families
have had to live under the threat of expropriation.
64.
The IACHR considers when the violations in a particular case are
continuing in nature, there is no single date from which to calculate what a reasonable
period of time might be. The expropriations occurred at different times and the threat
of expropriation may qualify as a continuing violation. Hence, the Commission
concludes that the present petition was filed within a reasonable period, since the
initial alleged violations are still ongoing as of the date of preparation of this report.
C.
Duplication of international proceedings and res iudicata
65.
Nothing in the file of this petition or in any information the Commission
received, suggests that the subject matter of the petition is pending decision in
another international proceeding for settlement or that it replicates a petition or
communication it previously examined. The Commission therefore concludes that
the requirements established in Articles 46.1.c and 47.d of the Convention have been
met.
D.
Characterization of the facts alleged
66.
The Commission considers that prima facie the facts alleged tend to
establish a violation of Article 1.1, in connection with Article 17, in the case of the
relocated families and those families living under the threat of relocation; Articles 16,
as regards respect for the individuality of the communities existing within the
Alcântara region; Article 21 in the case of the expropriation of the lands of the
remaining quilombo communities, by virtue of Transitory Article 68 of the 1988
Federal Constitution of Brazil; Article 22, in that the right of the relocated
communities to move about freely in the “agrovilas” in order to fish and plant crops
may have been violated, and also because of the allegedly tiny properties offered to
the quilombo communities. As for possible violations of Articles 8 and 25, the alleged
victims would be all those who may have suffered because of the conditions to which
they were exposed when their land was declared for public use or interest, with the
expropriation that followed in the case of some families. Being afro descendents
communities involved, which allege an inadequate protection of their rights, the
IACHR considers motu proprio that the facts could characterize a violation of Article
24, in connection with 1.1.
67.
The Commission also decides to admit the petition with regard to
possible violations of Article 2 of the American Convention since, as previously noted,
the Commission, when examining the domestic remedies, determined that Brazilian
law may not offer effective due process to challenge the declaration of public use or
interest in an expropriation.
68.
The petition should also be declared admissible based on Articles VI,
VIII, XII, XIII, XIV, XVIII, XXII and XXIII of the American Declaration for the
occurrences prior to September 25, 1992.
V.
CONCLUSION
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