21 about 50 families linked to MST. That day, around 5 a.m., a group of approximately 20 armed and hooded men came to the Hacienda and, firing shots in the air, ordered the workers to abandon their shacks, go to the center of the camp, and lie down on the ground. When Mr. Garibaldi came out of his shack, he was shot in his left thigh by a bullet from a caliber 12 rifle fired by a hooded individual. The worker was unable to withstand the injury and died as a result of a hemorrage. The armed group withdrew without completing the eviction.60 74. Later that same morning, the military police agents, Ademar Bento Mariano and Fábio de Oliveira, accompanied by police clerk Cezar Napoleão Casimir Ribeiro (hereinafter “police clerk Ribeiro”), went to the scene of the crime. Then they proceeded to try and locate Ailton Lobato, administrator of Hacienda São Francisco, who had been recognized as a member of the armed group by witnesses. When he was found at Hacienda Monday (also referred to as “Mundaí” or “Mondai” in the case files), Mr. Lobato had with him a caliber 38 rifle and, since the weapon was not registered and he did not have authorization to carry it, he was arrested in flagrante delicto for illegal possession of a weapon and taken to the Headquarters of the Civil Police of Querência do Norte (hereinafter “the Police Headquarters”). Before leaving the Hacienda Monday, police clerk Ribeiro fired a shot with the seized weapon (infra para. 80).61 75. The same day, Police Investigation No. 179/98 (hereinafter also “the Police Investigation” or “the Investigation”) into the facts of the instant case was opened. The purpose of this procedure was to investigate Sétimo Garibaldi’s murder as well as the offenses of illegal possession of a weapon and assembling in a gang or band to commit crimes (formação de quadrilha).62 76. Within the framework of the Investigación, prior to December 10, 1998, the testimony was heard of Ademar Bento Mariano and Fábio de Oliveira, the police agents who detained Ailton Lobato. In addition, the testimony was received of “Atílio Martins Mieiro, Carlos Valter da Silva and Nelson Rodrigues dos Santos, all rural workers who were at the scene [of the crime]” and who stated that they had identified “the owner of the Hacienda, Morival Favoreto, and the administrator, Ailton Lobato, as members of the group, because they uncovered their faces for a few moments during the incident.”63 Other individuals summoned to testify stated that “the men arrived at the scene [of the crime] with two trucks and a pick-up, which belonged to the owners of the Hacienda.”64 The Police Chief ordered other measures of investigation to be taken and requested the pre-trial detention of 60 Cf. Answer to the application, supra note 23, folios 667 and 668, opinion of the Public Prosecutor’s Office of May 12, 2004 (file of attachments to the answer to the application, sole tome, attachment 4, folios 2130 to 2132), and request to re-open Police Investigation No. 179/98 presented by the Public Prosecutor’s Office on April 20, 2009 (file of documents presented at the public hearing, sole tome, folios 2582 and 2585). 61 Cf. Brief with the State’s final arguments (merits file, Tome III, folio 1371); opinion of the Public Prosecutor’s Office of May 12, 2004, supra note 60, folios 2130 to 2132; request to re-open the Investigation filed by the Public Prosecutor’s Office on April 20, 2009, supra note 60, folios 2581; request for reconsideration filed by Ailton Lobato on December 16, 1998, (file of attachments to the answer to the application, sole tome, attachment 4, folios 2187 to 2190), and written expert opinion presented by Salo de Carvalho (file of documents presented at the public hearing, sole tome, folios 2532). 62 Cf. Opinion of the Public Prosecutor’s Office of May 12, 2004, supra note 60, folio 2130, and request to reopen the Investigation filed by the Public Prosecutor’s Office on April 20, 2009, supra note 60, folio 2581 and 2582. In addition, the Penal Code in force at the times of the facts, defined the crime of formação de quadrilha as follows: “[w]hen more than three persons assemble in a gang or band in order to commit crimes. Punishment: from one to three years’ imprisonment. Sole paragraph: The punishment shall be duplicated if the gang or band is armed” (File of attachments to the answer to the application, sole tome, attachment 12, folio 2509). 63 Answer to the application, supra note 23, folio 668); Cf. Testimony given by Fábio Guaragni during the public hearing before the Inter-American Court on April 29, 2009; opinion of the Public Prosecutor’s Office of May 12, 2004, supra note 60, folio 2130, and the State’s brief with final arguments, supra note 61, folio 1371 64 Opinion of the Public Prosecutor’s Office of May 12, 2004, supra note 60, folio 2130.