6
25.
On January 11, 2006, the Commission reported that it would not submit a statement
from Percílio de Souza or expert testimony from Belisário dos Santos Júnior.
26.
On January 11, 2006, the representatives filed a sworn statement by Plácido
Medeiros de Souza, rendered before the Human Rights Ombudsman of Natal and bearing a
notarized signature. That same day, Luiz Flávio Gomes rendered expert witness, also signed
by Alice Bianchini, and on January 24, 2006, he sent an explanation as to the participation
of Alice Bianchini in the statement.
27.
On January 11, 2006, the State submitted statements, with notarized signatures, by
Augusto César Oliveira Serra Pinto and Gerson de Souza Barbosa, and reported that it
would not submit testimony by Célio de Figueiredo Maia. The State also submitted a
statement by Tálita de Borba Maranhão e Silva and asked that it be admitted as evidence in
the instant case.
28.
On January 27, 2006, the Commission submitted its comments on the statements of
the witnesses and expert witness submitted by the representatives and the State. The
Commission filed no objections to the opinion of expert witness Luiz Flávio Gomes, in view
of his communication of January 24, 2006 (supra para. 26). The Commission felt that the
statements by Augusto César Oliveira Serra Pinto and Gerson de Souza Barbosa did not
conform to the proposed object, as the deponents had given their opinions on the domestic
investigation but had not reported on facts of which they were aware as a result of their
duties. The Commission claimed that the statement by Tálita de Borba Maranhão e Silva,
even though it had been proffered by the State in the final listing of witnesses and expert
witnesses, nonetheless had not been solicited by the Court. It gave no opinion on the
statement by Plácido Medeiros de Souza.
29.
On January 30, 2006, the representatives filed their comments on testimony
submitted by the State. They claimed that the statement by Tálita de Borba Maranhão e
Silva should not be considered, as it produced a procedural imbalance between the parties.
Nevertheless, they submitted several collateral comments regarding the content of the
statement. They also made observations on the statements rendered by Augusto César
Oliveira Serra Pinto and Gerson de Souza Barbosa. In particular, they felt that the
statement by Gerson de Souza Barbosa was patently biased, as the deponent claimed that
for several years he had personally observed and participated in the search for the truth and
in identifying the perpetrators of the murder of Gilson Nogueira de Carvalho; in his
statement, he unconditionally defended the actions of the police in investigating the case.
30.
On January 27, 2006, the State challenged the opinion signed by Luiz Flávio Gomes
and Alice Bianchini, claiming that the expert witness failed to provide an objective, impartial
evaluation of the facts surrounding the police and judicial investigation of the death of
Gilson Nogueira de Carvalho. The State requested, if this opinion was not suppressed from
the body of evidence, that it be disqualified as expert testimony and taken instead as a
personal opinion. On January 31, 2006, in view of the clarification submitted by Luiz Flávio
Gomes (supra para. 26), the State asked that this opinion be suppressed from the trial
documents, because the submission by expert witness Gomes was time-barred; the opinion
as given lacked technical content, and Alice Bianchini had not been proposed by the
representatives to provide expert witness in the case of Gilson Nogueira de Carvalho.
31.
On February 8, 2006, the Court held a public hearing. Appearing before the Court
were: a) for the Inter-American Commission: Evelio Fernández, Ignacio J. Álvarez, Víctor H.
Madrigal Borloz, Leonardo Jun Ferreira Hidaka and Lilly Ching; b) for the representatives: