28
Criminal Procedure and Directive 524 of the Federal Supreme Court, she ordered the reopening of the investigation.93
B) Arguments of the parties
101. The Inter-American Commission alleged that States are internationally responsible
for the act or omission of any of their organs or agents, including their judicial and police
bodies, when these organs or agents violate human rights established in the Convention. A
crucial purpose of any criminal proceeding is to clarify the act investigated. The State must
conduct the judicial investigation in good faith, diligently, exhaustively and impartially, and
it should be designed to explore all possible lines of investigation leading to the
identification of the authors of the crime, in order to prosecute and punish them. In the
instant case, this required carrying out all necessary measures and inquiries to discover the
truth about Sétimo Garibaldi’s death and to punish those responsible. It considered that the
authorities in charge of the Investigation failed to take into account the intervention of
many perpetrators, concentrating on Morival Favoreto and Ailton Lobato; furthermore, they
did not take into consideration the masterminds of the crime or those with a potential
interest in the eviction. It identified the following errors, among others, in the investigation:
(a) the co-owners of the Hacienda and partners in Favoretto Colheitas were not summoned
to testify; (b) apart from the eight statements received, other individuals who witnessed the
facts were not called on to give testimony, even though approximately 200 people were
camped on the Hacienda; nor were other employees of this property or of Favoretto
Colheitas; (c) police clerk Ribeiro, who provided information to the investigation about the
shot fired with the weapon seized from Ailton Lobato, subsequently acted as the chief of
police in charge of the investigation; (d) the date of the supposed visit of Morival Favoreto
to the residence of Eduardo Minutoli Junior was not verified; (e) the caliber 38 bullet
cartridges found at the scene of the crime were not compared with the weapon seized; (f)
this weapon disappeared from the Loanda Court; (g) when urged to issue an opinion on the
disappearance of the weapon, the Public Prosecutor’s Office did not refer to it and did not
adopt the relevant investigative measures; instead it requested the closure of the
Investigation, even though the Police Chief had not completed it and presented his
concluding report, and (h) at different times, no substantive actions were taken in the
Investigation. The Commission added that the numerous serious errors in the investigation
should be examined within their specific context; namely, that this was an operation
involving a violent eviction from private property and that the facts of the case are in line
with a common practice in Brazil. Both elements should have facilitated the development of
the Investigation, because the operation evidently responded to a specific purpose and a
modus operandi of which the authorities should have been aware.
102. The Commission maintained that, even though several years have elapsed since the
State accepted the Court’s jurisdiction, “the offense investigated remains unpunished, and
more than a reasonable time has passed without the State’s domestic bodies responsible for
the investigation, prosecution and punishment of the facts producing results.” Moreover,
“the characteristics of the act, the personal situation of those implicated in the investigation
procedure, the degree of complexity of the case, and the procedural activity of the
interested parties [do not] constitute elements that can excuse the unjustified delay in the
administration of justice that occurred in this case.” The impunity of human rights violations
is especially important in the case of landless workers, because it is one of the principal
causes of violence in the rural areas of Brazil. Hence, regarding the facts subsequent to
December 10, 1998, “the delay and lack of due diligence in the investigation procedure and
the collection of essential evidence […] characterize a violation of Articles 8 and 25 of the
American Convention, in relation to Article 1(1) thereof.”
93
Cf. Request to re-open the investigation presented by the Public Prosecutor’s Office on April 20, 2009, supra
note 60, folios 2582 and 2586, and decision of the Loanda Court of April 20, 2009 (file of documents presented at
the public hearing, sole tome, folios 2590 and 2591).
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