22
Morival Favoreto.65 On December 9, 1998, Prosecutor Nayani Kelly Garcia (hereinafter
“Prosecutor Garcia”) issued an opinion in favor of the pre-trial detention request and
ordered other measures to be taken.66
A(ii) Facts that occurred after the acceptance of the Court’s compulsory jurisdiction
77.
On December 14, 1998, the permanent judge of the Loanda Court, Elisabeth Khater
(hereinafter “Judge Khater”), did not order the pre-trial detention of Morival Favoreto,
because there were “discrepancies among the witnesses at present,” ordered compliance
with the measures required by the Public Prosecutor’s Office on December 9, 1998, and
indicated that she would rule on the request for pre-trial detention at a later date.67
78.
On December 15, 1998, Morival Favoreto requested the Loanda Court to dismiss the
request for pre-trial detention against him (supra para. 76), asked to testify in the Police
Headquarters of Sertanópolis (hereinafter “the Sertanópolis Headquarters”) and presented,
among other documents, the registration papers of the white truck with licence plate AEW
7629, registered in the name of the company, Favoretto Colheitas Agrícolas S/C Ltda.
(hereinafter “Favoretto Colheitas”), that according to some witnesses (supra para. 76, and
infra paras. 80 and 82) had been used in the eviction; the incorporation documents of that
company, whose partners were Morival Favoreto, Maurilio Favoreto and Darci Favoreto, and
the deeds of Haciendas São Francisco and Monday, also owned by these three individuals.
On the same day, Judge Khater ordered that Morival Favoreto should be questioned at the
Sertanópolis Headquarters within 10 days.68
79.
On December 17, 1998, pursuant to the court order, Police Chief Arildo Fulgêncio de
Almeida (hereinafter “Police Chief Almeida”) ordered that the measures determined by the
Public Prosecutor’s Office on December 9, 1998, should be carried out and issued an official
note to the Sertanópolis Headquarters requesting them to take Morival Favoreto’s
statement.69
80.
On January 5, 1999, in response to Judge Khater’s order of December 15, 1998,70
police clerk Ribeiro presented a report on December 17, 1998, in which he indicated, among
other matters, that: (i) on the day of the facts, “at around 6.30 [a.m.], he arrived at the
65
Cf. Final arguments of the State, supra note 61, folio 1371; opinion of the Public Prosecutor’s Office of May
12, 2004, supra note 60, folio 2131, and testimony given by Fábio Guaragni during the public hearing, supra note
63.
66
Cf. Prosecutor Garcia ordered the following measures among others: (a) identification of the black F1000
and grey D-20 vehicles mentioned by the witnesses; (b) a ballistic comparison between the cartridges found at the
scene of the crime and the weapon confiscated from Ailton Lobato; (c) introduction in the case file of the
incorporation documents of the company Favoretto Colheitas Agrícolas S/C Ltda. ME and the title deeds of the
Hacienda; (d) reception of the testimony of other individuals who witnessed the facts, as well as the employees of
Morival Favoreto who were possible suspects, and (e) an investigation into whether similar acts had taken place in
the region. Cf. the State’s brief with final arguments, supra note 61, folio 1371; order of the Public Prosecutor’s
Office attached to the official note sent by Police Chief Arildo Fulgêncio de Almeida to the Sertanópolis Police
Headquarters on February 28, 2000 (file of attachments to the answer to the application, sole tome, attachment 4,
folios 2030 and 2031).
67
Cf. Decision of Judge Khater of December 14, 1998 (file of attachments to the answer to the application,
sole tome, attachment 4, folio 1893).
68
Cf. Request to reject the request for the pre-trial detention of Morival Favoreto of December 15, 1998, and
first order of Judge Khater of December 15, 1998 (file of attachments to the answer to the application, sole tome,
attachment 4, folios 1895 to 1955).
69
Cf. Order and official note of Police Chief Almeida of December 17, 1998 (file of attachments to the answer
to the application, sole tome, attachment 4, folios 1957, 1958 and 1962).
70
Cf. Second order of Judge Khater of December 15, 1998 (file of attachments to the answer to the
application, sole tome, attachment 4, folio 1894).