2
an attorney and human rights advocate who had engaged part of his professional life in
∗
reporting crimes committed by the “golden boys, ” an alleged death squad made up of
civilian police and other government employees. He also devoted himself to furthering
criminal cases filed against these agents of the State. The attorney was murdered on
October 20, 1996 in the city of Macaíba, State of Rio Grande do Norte, Brazil. The
application noted that the work of Gilson Nogueira de Carvalho “focused on trying to put a
stop to the situation of total impunity in Rio Grande do Norte, [in which] agents of the State
abducted, murdered and tortured persons and received no punishment whatsoever.” The
Commission asked the Court for a ruling on alleged violations that took place after
December 10, 1998, when the State recognized the contentious jurisdiction of the Court;
and it stated that “the flawed actions of state authorities, seen in their entirety, resulted in a
failure to investigate, pursue, apprehend, prosecute and convict those responsible for the
murder [of Gilson Nogueira de Carvalho, and that] after more than [ten] years, the
perpetrators have not been identified or punished, and therefore [his] parents have not
been able to bring legal action for the purpose of obtaining a settlement for damages
suffered.”
3.
Accordingly, the Commission asked the Court to order the State to adopt certain
measures of reparation as specified in the application, and to pay reimbursement for costs
and expenses incurred in pursuing the case at the domestic level and before the bodies of
the inter-American system for the protection of human rights.
II
COMPETENCE
4.
The Court has jurisdiction to hear the preliminary objections and merits, reparations
and costs in this case, in keeping with Article 62(3) of the Convention, because Brazil has
been a State Party to the American Convention since September 25, 1992, and accepted
the contentious jurisdiction of the Court on December 10, 1998.
III
PROCEEDING BEFORE THE COMMISSION
5.
On December 11, 1997, the Centro de Derechos Humanos y Memoria Popular
(Center for Human Rights and Popular Memory, CDHMP), the Holocaust Human Rights
Project and the Group of International Human Rights Law Students (hereinafter “the
petitioners”) filed a complaint against Brazil with the Inter-American Commission, alleging
State responsibility in the death of Gilson Nogueira de Carvalho, murdered on October 20,
1996. The petitioners claimed that the State had shirked its obligation to guarantee the
right to life of Gilson Nogueira de Carvalho and to conduct a conscientious investigation of
his death, prosecute the perpetrators and invoke effective judicial remedies. On August 21,
2000, Global Justice joined the case as co-petitioner. The complaint was filed in English.
6.
On January 21, 1998, the Commission forwarded the relevant sections of the
complaint to the State, asking it to reply within 90 days. On January 26, 1998, the State
requested a Portuguese version of the petition. On February 6, 1998, the Commission asked
the petitioners for a translation, which was received on October 13, 1998. That same day,
the applicable sections of the petition were transmitted to the State in Portuguese, with a
request to supply any information that might help the Commission determine whether
domestic remedies had been exhausted in this case; the Commission granted a new 90-day
term for this purpose.
∗
In the Portuguese version of this Judgment, meninos de ouro.