3
in which the investigations were conducted was contrary to the parameters established in
[Articles] 8 and 25 of the Convention,” hence, the State should not be accused of violating
them. Furthermore, it asked the Court not to declare that Brazil had failed to comply with
Articles 2 and 28 of the American Convention. The State appointed Hildebrando Tadeu
Nascimento Valadares as agent, and Márcia Maria Adorno Calvalcanti Ramos, Camila
Serrano Giunchetti, Bartira Meira Ramos Nagado and Cristina Timponi Cambiaghi as deputy
agents.
6.
In accordance with Article 37(4) of the Rules of Procedure, the Commission and the
representatives presented their arguments on the preliminary objections filed by the State
on August 24 and 27, 2008, respectively.
II
PROCEEDING BEFORE THE COURT
7.
The Commission’s application was notified to the State and to the representatives on
February 11, 2008.2 During the proceedings before this Court, in addition to the
presentation of the principal briefs (supra paras. 1, 4 and 5) and others forwarded by the
parties, in an order of November 20, 2008, the President of the Court (hereinafter “the
President”) ordered that the testimony of four witnesses proposed by the Commission, by
the representatives and by the State, as well as the opinion of an expert witness, be
received by statements made before notary public (affidavits),3 and the parties were given
the opportunity to submit their observations. Also, based on the particular circumstances of
the case, the President convened the Commission, the representatives and the State to a
public hearing to hear the testimony of two witnesses, one proposed by the Commission and
the other by the State; the opinions of two expert witnesses, one proposed by the
Commission and the other by the State, and the final oral arguments of the parties on the
preliminary objections and the possible merits, reparations and costs.4
8.
The public hearing was held on April 29 and 30, 2009, during the thirty-ninth special
session of the Court held in Santiago, Chile.5
9.
On June 10, 2009, the Commission, the representatives and the State forwarded
their final written arguments.
10.
On May 15, 2009, the Court received an amicus curiae brief from the Human Rights
Clinic of the Legal Practice Unit of the Law School of the Getulio Vargas Foundation of Río de
Janeiro,6 which referred to the context of violence in the rural areas of Brazil and to the
2
On February 11, 2008, the representatives and the State received the original application with its
attachments; this constituted the notification of the parties. Previously, the Commission’s application, without its
attachments, had been forwarded to the State and to the representatives by the Court’s Secretariat on February 6,
2008. On the same date, the State was advised that it could appoint a judge ad hoc to take part in the deliberation
of the case. In this regard, on January 16, 2008, the Inter-American Commission had forwarded a brief entitled
“Position of the Inter-American Commission on Human Rights on the office of judge ad hoc.” On March 24, 2008,
following an extension granted by the Court, the State appointed Roberto de Figueiredo Caldas as judge ad hoc.
3
Cf. Sétimo Garibaldi v. Brazil. Notice of a public hearing. Order of the President of the Inter-American Court
of Human Rights of November 20, 2008, first operative paragraph.
4
Cf. Sétimo Garibaldi v. Brazil. Notice of a public hearing, supra note 3, fourth operative paragraph.
5
At this hearing, there appeared: (a) for the Inter-American Commission: Felipe González, Commissioner;
Lilly Ching Soto and Leonardo Hidaka, legal advisers; (b) for the representatives: Rafael Dias, Renata Lira and
Luciana Garcia of Justiça Global; Gisele Cassano of Terra de Direitos, and Teresa Cofré of RENAP, and (c) for the
State: Ambassador Hildebrando Tadeu Nascimento Valadares; Camila Serrano Giunchetti, Cristina Timponi
Cambiaghi, Bartira Meira Ramos Nagado and Raimundo Jorge Santos Seixas.
6
The brief was signed by: Bernardo Vasconcellos, Bruna Vilar, Carla Tulli, Daniel Arruda, Igor Mosso, Isabella
Gama, Isabela Bueno, Luisa Di Prieto Gonçalves, Pablo Sá Domingues and Rinuccia Ruina, students of the Law
School of the Fundación Getulio Vargas of Río de Janeiro