suspects and highlighted the need to protect witnesses 157 such as Luzia Batista da Silva, an
adolescent at the time of the events and an eyewitness, and Neuzila Jardim Cerqueira, who was with
Gabriel at the time of his death, among others.
95.
The analysis of context is particularly important given the prevalence of violence and impunity
related to land struggles at the time of Gabriel Sales Pimenta’s death, as well as potential links and
patterns across different cases.
96.
Furthermore, if during the investigations or the criminal trial, the prosecutors, judicial
authorities, or police officers had identified Gabriel Sales Pimenta as a human rights defender for
rural workers, they could have developed a victim profile. The purpose would have been to
understand what his work as a human rights defender involved, the environment in which he worked,
and the risk factors associated with his work. They also would have been able to do interviews at his
organization as well as with other individuals who were involved with his work and could comment
on the events. 158
97.
In addition, the State, aware of the context of rural violence and impunity, especially in the
state of Pará—as has been documented (supra paras. 47–51) and corroborated by expert witnesses
Kalil, 159 Michelotti, 160 and Gaio 161 and by witnesses Frigo 162 and Batista 163—should have identified
the vulnerability of those who had witnessed Gabriel Sales Pimenta’s violent death. Brazil should
have taken steps to protect the witnesses, not just to prevent threats or harm to their personal
integrity, but also to preserve evidence that was key to clarifying the events. Since August of 1982,
even the Commissioner in charge of the investigation had brought to the attention of the judge with
jurisdiction the need to protect the witnesses; 164 the declarant Antonio Francisco da Silva, president
of the Union of Rural Workers (STR) at the time of Mr. Sales Pimenta’s death, said that he had
received threats from some of the suspects of the events in the case; 165 and Luzia Batista da Silva
had indicated in her first statements that she was afraid of telling what she had witnessed (supra
footnote 79). Nevertheless, there is no record of any protective measures taken for them during the
entire course of the proceedings. Although Antonio Francisco da Silva had been summoned to the
first session of the Jury Court scheduled for May of 2002, he failed to appear and gave no justification
for his absence. Luzia Batista da Silva was also summoned to make a statement during the same
session, but she could not be found at her home and the record shows that a neighbor stated that
she was deceased.
98.
The Court notes in this regard that despite having learned of the death of the eyewitness
Luzia Batista da Silva during the stage in which the Jury Court was analyzing the case, in 2002, 166
and the death of the defendant J.P.N. 167 during the stage of the “pronúncia” judgment, there is no
157
The Court agrees with the Special Rapporteur on the situation of human rights defenders that “the protection of
victims, witnesses, and all parties to the proceedings must remain paramount throughout the entire process.” Cf. UN, Report
of the Special Rapporteur on the situation of human rights defenders, Michel Forst. Doc. A/74/159, July 15, 2019, para. 90.
158
Cf. Expert opinion of Renan Kalil during the public hearing of this case.
159
Cf. Written version of Renan Kalil’s expert opinion from April 20, 2022 (evidence file, folios 8694–8712).
160
Cf. Expert opinion of Fernando Michelotti, supra (evidence file, folios 7253–7263).
161
Cf. Expert opinion of Carlos Eduardo Gaio, supra (evidence file, folios 7286–7300).
162
Cf. Statement of Darci Frigo, supra (evidence file, folios 6722–6727).
163
Cf. Statement of José Batista Gonçalves Afonso from March 10, 2022 (evidence file, folios 7175–7177).
Cf. Addendum to the request for pretrial detention signed by the police commissioner on August 6, 1982 (evidence
file, folios 2244–2247). See also supra footnote 78.
164
165
Cf. Statement by Antonio Francisco da Silva, supra (evidence file, folio 196) and Statement by Antonio Francisco da
Silva on July 19, 1982 (evidence file, folio 2234).
166
Cf. Certificate signed by the officer of the court on May 21, 2002 (evidence file, folio 2534).
Luzia Batista identified J.P.N. as the driver of the car used for the murder of Gabriel Sales Pimenta. Cf. Statement of
Luzia Batista da Silva, supra (evidence file, folios 2226–2228); Certificate of identification of J.P.N. by Luzia Batista da Silva
167
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