27.
In this case, the State affirmed that the Commission had published Admissibility and
Merits Report No. 169/2011 before submitting it to the Court. The Commission indicated that
it published the report on its website on September 10, 2015, after submitting the matter to
the jurisdiction of the Court on March 12, 2015, and presented evidence to prove this. The
State failed to prove its assertion that the report in this case was published in a way that
differed from that described by the Commission or in a manner that was contrary to the
American Convention.
28.
Consequently, the Court finds that the State’s argument is inadmissible.
B. Alleged lack of jurisdiction ratione personae regarding the presumed victims
29.
The Court will now indicate, first, the State’s arguments concerning the objections
related to presumed victims: (i) identified and represented; (ii) without proof of
representation; (iii) without power of attorney; (iv) unrelated to the facts of the case; (v)
with a different identity, or without due representation for next of kin, and (vi) who were not
mentioned in the Merits Report. Second, the Court will review the observations of the
Commission and the representatives. It will then make the corresponding analysis.
B.1. Arguments of the State
i)
Presumed victims identified and represented
30.
The State argued that the representatives had only accredited the powers of attorney
of 33 presumed victims who were supposedly found in Hacienda Brasil Verde in the year
2000.23 In addition, it indicated that the Court should analyze the facts of the case only with
regard to the presumed victims who were correctly represented, and those listed in
Admissibility and Merits Report No. 169/11 duly identified and involved in the events that
took place in that Hacienda. The State also pointed out that, in their brief, the representatives
had not mentioned the name of Francisco das Chagas Bastos Sousa; nevertheless, a power
of attorney had been presented in his name. Also, no power of attorney or equivalent
document had been submitted for the presumed victim or for the next of kin of Luis Ferreira
da Cruz, presumably a victim of forced disappearance.
ii)
Presumed victims without proof of representation
31.
The State indicated that the representatives of the presumed victims should present
a power of attorney signed by the presumed victim or by a family member, which should
fully identify the party granting it. In addition, the State noted that, although the
representatives had complied with the formal requirements stipulated by the Court when
presenting the powers of attorney, problems persisted that made it difficult to identify some
names and some presumed victims who supposedly were represented.24
1. Alfredo Rodrigues; 2. Antônio Bento da Silva; 3. Antônio Damas Filho; 4. Antônio Fernandes Costa; 5. Antônio
Francisco da Silva; 6. Antônio Ivaldo Rodrigues da Silva; 7. Carlito Bastos Gonçalves; 8. Carlos Ferreira Lopes; 9.
Erimar Lima da Silva; 10. Firmino da Silva; 11. Francisco Mariano da Silva; 12. Francisco das Chagas Bastos Sousa;
13. Francisco das Chagas Cardoso Carvalho; 14. Francisco das Chagas Diogo; 15. Francisco de Assis Felix; 16.
Francisco de Assis Pereira da Silva; 17. Francisco de Sousa Brígido; 18. Francisco Fabiano Leandro; 19. Francisco
Ferreira da Silva; 20. Francisco Teodoro Diogo; 21. Gonçalo Constancio da Silva; 22. Gonçalo Firmino de Sousa; 23.
José Cordeiro Ramos; 24. José Francisco Furtado de Sousa; 25. José Leandro da Silva; 26. Luiz Sicinato de Menezes;
27. Marcos Antônio Lima; 28. Pedro Fernandes da Silva; 29. Raimundo de Sousa Leandro; 30. Raimundo Nonato da
Silva; 31. Roberto Alves Nascimento; 32. Rogerio Felix Silva, and 33. Vicentina Maria da Conceição.
23
1. Firmino da Silva (supposedly deceased and represented by his supposed wife Maria da Silva Santos); Gonçalo
Constancio da Silva (supposedly deceased and represented by his supposed wife Lucilene Alves da Silva), and José
Cordeiro Ramos (supposedly deceased and represented by his wife Elizete Mendes Lima).
24
11