47
paragraph 3, of the Code of Criminal Procedure establishes the possibility of a longer
duration of the investigation when the fact is difficult to elucidate.
177. In the instant case the Court declared that the duration of the investigation did not
correspond to a reasonable time and ordered that this procedure should be continued,
respecting the provisions of Articles 8 and 25 of the Convention. In this regard, the State
must conduct the recently re-opened Investigation in accordance with article 10 of the Code
of Criminal Procedure and the other criteria mentioned by the Court in this judgment.
Regarding compliance with the said provision in all investigative procedures opened in
Brazil, the Court is unable to rule on possible investigations regarding which it knows
nothing of their merits and circumstances; accordingly, it does not order this measure of
reparation.
vi) Other claims for reparation
178. The Commission alleged that, to prevent future human rights violations, the Court
should order the State to adopt any measures that are: (a) necessary to ensure that
human rights are observed in government policies on land occupation, in accordance with
Article 28 in relation to Article 1(1) of the American Convention, and (b) appropriate for
police and justice officials, in order to avoid the proliferation of armed groups carrying out
violent and arbitrary evictions.
179. The representatives asked that the State be ordered: (a) to take the necessary
measures to guarantee that there will be no violent evictions; (b) to adopt effective
measures to protect the rights of rural workers creating an effective mechanism for
mediating agrarian conflicts, and (c) not “to promulgate laws that prohibit verifying public or
private rural properties that have been occupied for any period of time or for any other
reason and that the existing norms in this regard should be revoked immediately.”
180. The State indicated that it had implemented measures to ensure that human rights
were observed in government policies on land occupation issues to prevent agrarian
conflicts; these included the establishment of the Ouvidoria Agrária Nacional, the Paz en el
Campo program, and the National Plan to Combat Violence in Rural Areas. This illustrates
the State’s interest in implementing a human rights protection system and respecting such
rights in its government policies on land occupation. In addition, it had prepared a plan for
execution of Mandados Judiciais de Reintegração de Posse Coletiva (judicial orders to
restore collective ownership) and, within this framework, a manual of national guidelines for
the execution of Mandados Judiciais de Manutenção e Reintegração de Posse Coletiva
(judicial orders to maintain and restore collective ownership), the main purpose of which is
to avoid land conflicts caused by compliance with judicial orders, as well as to assist the
public authorities responsible for guaranteeing and applying the law in specific agrarian
cases submitted to the consideration and hearing of the Judiciary. The State also alleged
that there was no evident correlation between the representatives’ request concerning the
non-promulgation of laws that prohibit verification in rural properties and the purpose of
this case; moreover, it was not supported by any right established in the Convention.
181. The Court observes that the purpose of these measures of reparation requested by
the Commission and the representatives is that the State should adopt a series of measure
in relation to the situation of landless rural workers in Brazil, particularly in the context of
land occupation and extrajudicial evictions. Even though the arguments concerning the
alleged vulnerability of the landless workers are a cause of concern, the Court will not rule
on the measures requested in relation to facts that were not examined in the instant case
for the above-mentioned reasons, because of its lack of temporal competence with regard
to the facts relating to the eviction that culminated in the death of Mr. Garibaldi.
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