26 93. On September 12, 2002, Police Chief Paulo Cezar da Silva asked the Loanda Court to hand over the confiscated revolver and the two caliber 38 cartridges found at the scene of the crime so that they could be forwarded to the Institute of Forensic Science.84 94. On September 13, 2002, the statement made by Flair Carrilho before the Third Interstate Investigations Headquarters on July 25 that year was added to the Investigation file. Among other matters, the witness stated that: (i) Darci Favoreto, who had been his patient since 1994, came to his appointments accompanied by his wife and another family member; (ii) “he could not state with certainty whether [Morival Favoreto] had been in his office on November 25, 1998”; (iii) “it was absolutely certain that the receipt [referred to] belonged to the clinic, the signature corresponded to the one used by the deponent in his documents at the clinic and, according to the patient’s file, the latter was in his office that day [November 25, 1998],” and (iv) for legal reasons, he is unable to provide the patient Darci Favoreto’s file.85 95. From September 14, 2002, to August 9, 2003, three extensions were requested and approved in order to conclude the Investigation, one of them again for 90 days.86 96. On August 10, 2003, Police Chief Paulo Gomes de Souza reiterated the official communication sent to the Loanda Court on September 12, 2002, regarding the seized weapon and the cartridges (supra para. 93). On August 27, 2003, Judge Khater ordered compliance with this request.87 However, on March 25, 2004, the clerk of the Loanda Court certified that “the decision has not been complied with because the weapon was not in [that] court.” On the same date, Judge Khater sent the case file to the Public Prosecutor’s Office so that the latter could emit an opinion.88 97. On May 12, 2004, prosecutor Edmarcio Real requested the closure of the investigation, without referring to the fact that the weapon had not been found. He based his opinion on the following arguments: (i) four witnesses had said that Morival Favoreto and Ailton Lobato were part of the armed group, but “the other members of MST did not mention having seen these individuals”; (ii) Morival Favoreto denied that he had taken part in the crime and stated that he had been in São Bernardo do Campo accompanying Darci Favoreto to a doctor’s appointment. “Dr. Flair [Carrilho had] confirmed the presence Darci Favoreto in his office […] on the day of the facts”; (iii) “Ailton Lobato denied having taken part in the facts and exercised his right to remain silent; (iv) police clerk Ribeiro “mentioned 84 Cf. Request by Police Chief Paulo Cezar da Silva of September 12, 2002 (file of attachments to the answer to the application, sole tome, attachment 4, folio 2092). According to the witness Fábio Guaragni, the two caliber 38 cartridges were handed in to the Querência do Norte Police Headquarters by a witness. Cf. Testimony of Fábio Guaragni during the public hearing, supra note 63. 85 Cf. Certification of the Querência do Norte Police Headquarters of September 13, 2009, and testimony of Dr. Flair Lopes Carrilho given before the Third Inter-state Investigations Headquarters of Sao Paulo on July 25, 2002 (file of attachments to the answer to the application, sole tome, attachment 4, folios 2091 and 2106). 86 Cf. Request by Police Chief Paulo Cezar da Silva of October 10, 2002; opinion of the Public Prosecutor’s Office of November 11, 2002; order of Judge Khater of November 11, 2002; opinion of the Public Prosecutor’s Office of March 13, 2003; request by Police Chief Flávio de Almeida Medina of April 20, 2003; opinion of the Public Prosecutor’s Office of May 21, 2003 (file of attachments to the answer to the application, sole tome, attachment 4, folios 2109 to 2123), and request by Police Chief Flávio de Almeida Medina of February 12, 2003 (file of attachments to the pleadings and motions brief, attachment 8(1)(1), folio 1270). 87 Cf. Court order of Police Chief Paulo Cezar da Silva of August 10, 2003; opinion of the Public Prosecutor’s Office of August 25, 2003, and order of Judge Khater of August 27, 2003 (file of attachments to the answer to the application, sole tome, attachment 4, folios 2125 to 2127). 88 Cf. Certification of the Loanda Court of March 25, 2004, and request for an opinion sent to the Public Prosecutor’s Office of March 25, 2004 (file of attachments to the answer to the application, sole tome, attachment 4, folio 2128).