Gilson Nogueira and of his actual murder. According to Luis, four members of the death squad
(two from each subdivision of “Golden Boys”) took part in the murder led by the Deputy
Secretary of Defense Maurilio Pinto de Medeiros. The four that took part, according to Luis,
were Maurilio Pinto Jr., Otávio Ernesto, Jorge Luis Fernandes (alias “The Smotherer”) and
policeman Admilson Fernandez.
36. The then Director of Human Rights Watch (HRW) and the BBC reporters apparently met
Luis on several occasions, with each encounter yielding more information as to the pattern of
the killings and location of the clandestine graveyard. Luis also gave the names of the victims.
The BBC and HRW professionals checked those names in local newspaper archives and
confirmed that several of them were dead or had disappeared. The BBC reporters filmed one of
the interviews in which Luis provided extensive information, and, specifically, details of Gilson
Nogueira’s assassination.
37. According to this information provided by the petitioners, the Human Rights Watch and
BBC staff contacted investigate reporter Caco Barcellos of the Globo television network, who in
turn hand the information over to the Federal Police authorities in Brasilia. Armed with the
data on the existence of a clandestine burial place, together with the information on the death
of Gilson Nogueira, the Federal Police obtained a warrant to search the property where the
bodies had allegedly been disposed of. The plot of land belonged to former civil police officer
Otavio Ernesto.
38. On November 16, 1998, Federal Police agents entered the premises owned by Otavio
Ernesto pursuant to the warrant, accompanied by Globo network and BBC journalists and
Human Rights Watch staff. After a morning spent searching in vain for the bodies, the police
decided to suspend the search. The petitioners maintain that with the (archeological) search
method employed it would have taken 20 days to comb the area completely. During their
search, the police found weapons and arrested Otavio Ernesto for illegal possession of
firearms. A few days later Otavio Ernesto was released.
39. The authorities in charge of the investigation decided to conduct a laboratory test to see
whether the weapons seized matched the deflagrated bullet shells found at the site where
Gilson Nogueira was killed. The ballistic analyses showed conclusively that they belonged to
one of those weapons. On that ground, and on the basis of the Luis interview, the Government
Attorney (Promotor de la Justicia) indicted Otavio Ernesto and ordered his arrest. As this report
was written no date had been set for his trial.
40. According to this same information, in April 1999 Judge Patricia Gondim Moreira Pereira
summoned James Cavallaro, Director of HRW, to testify and in his statement he told her the
names of the policemen and civilians who, according to Luis, took part in the murder of Gilson
Nogueira, together with details of the conspiracy and assassination, including Luis’ statement
that Maurilio Pinto de Medeiros had coordinated the murder.
41. The next day, James Cavallaro gave an interview to the local newspaper in Natal (Diario de
Natal), in which he repeated the information he had given the judge. As a result of that
interview, Maurilio Pinto de Medeiros filed a civil action against Cavallaro, demanding payment
of damages. He also filed a criminal accusation with the Office of the Public Prosecutor, which
admitted it and opened a case for libel, in which evidence had already been heard on August 4,
2000.
42. This additional information was transmitted to the State on August 30, 2000, with a
request that it reply within 30 days. No reply from the State has been received.
B.
Position of the State
43. The State has not contested the facts alleged in the petition. However, in its succinct reply,
the State indicated that there is evidence of criminal activity in the case of Gilson Nogueira, as
well as traces of evidence of the perpetrator, and the case has been reopened with an
accusatory statement (“pronuncia”, indiciamiento) that has been appealed by the public
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