other 45 individuals who had been indicated, there was no evidence to prove that they had been victims of violations of the rights recognized in the American Convention. A.2. Considerations of the Court 195. The Court has verified that the notes for purchases and the blank receipts on which the debts of the Hacienda Brasil Verde workers were recorded were informal handwritten records, in which the complete name of the worker was not included and, at times, only their aliases were written. For example, some of the names of those who were presented as presumed victims based on the notes for purchases or blank receipts were as follows: Antônio “Caititu,” Antônio “Capixaba,” Irineu, José Carlos, José Francisco, Francisco, “Índio,” “Mato Grosso,” “Pará” and “Parazinho.” 196. Consequently, the Court finds that there is a reasonable doubt as regards the fact that the name indicated on a purchase note or blank receipt could refer to a worker previously identified by another evidentiary document, or even a worker who was not in Hacienda Brasil Verde at the time of the April 1997 inspection. Accordingly, the Court considers that, for the effects of this case, the purchase notes or blank receipts do not provide certain proof of the presence of a specific worker in Hacienda Brasil Verde at the time of the April 1997 inspection, or of his consequent status of presumed victim. 197. Nevertheless, the Court finds it pertinent to indicate that the determination that a worker is a presumed victim of alleged violations of the Convention is not derived exclusively from a possible rescue by the Ministry of Labor or the Federal Police, but from the conditions he experienced during the time he provided his services in the hacienda, as well as from the respective investigations in this regard, regardless of whether he was rescued during the inspection. Consequently, the Court rejects the State’s argument that only those workers who were rescued from Hacienda Brasil Verde by state agents may be presumed victims. 198. That said, bearing in mind that, in order to analyze this case, the Court requires a minimum degree of certainty about the existence of such persons214 in order to prove their status as presumed victims, the Court used the following evidentiary instruments provided by the parties: (i) Record of offenses (RI); (ii) Record of hacienda employees (RE); (iii) Contract termination document (TC); (iv) Physical Verification Form (VF), and (v) List of workers indicated by the defense counsel of the manager and the gato during the domestic criminal proceedings (PP). An analysis of these documents revealed that: (a) 26 individuals215 were presented as presumed victims based exclusively on purchase notes or blank receipts; (b) in the case of 10 individuals,216 there was no evidence to prove their status as presumed victim, and (c) 14 individuals217 refer to workers who were identified previously. 214 Cf. Case of the Massacres of El Mozote and neighboring places, para. 54. Namely: 1. João Luiz “illegible” (or Mendonça); 2. Raimundo; 3. Antônio Pereira; 4. Hilario dos SS; 5. Claudio Peres “illegible”; 6. Raimundo A. P. Moura; 7. José Fernandes Silva; 8. Carlos Pereira Silva; 9. Francisco “illegible” (or Rodrigues) Souza; 10. Antônio Ribeiro; 11. Antônio “illegible” (or P.) Silva; 12. Angelo Marcio A. Silva; 13. Antônio “Caititu”; 14. Antônio “Capixaba”; 15. Benedito Ferreira; 16. Claudeci Nunes; 17. Cosme (or Cosmi) Rodrigues; 18. Domingos Mendes; 19. Edilson Fernandes; 20. José da Costa Oliveira; 21. Osnar (or Osmar) Ribeiro; 22. Virma Firmino di Paulo; 23. “illegible” Francisco; 24. “Índio”; 25. “Mato Grosso”, and 26. “Pará.” 215 Namely: 1. José Cano; 2. Francisco das Chagas Marques de Souza; 3. Carlos da Silva; 4. Dovalino (or Davalino) Barbosa; 5. Edivaldo dos Santos; 6. João Monteiro; 7. Juarez Silva; 8. Luiz Barbosa; 9. Valdir Alves; 10. “Parazinho”. 216 Namely: 1. Antônio Alves in relation to Antônio Alves de Souza; 2. Antônio Renato in relation to Antônio Renato Barros; 3. Dijalma Santos in relation to Dijalma Santos Batista; 4. Irineu in relation to Irineu Inácio da Silva; 5. João Germano in relation to João Germano da Silva; 6. João Pereira in relation to João Pereira Marinho; 7. Joaquim Francisco in relation to Joaquim Francisco Xavier; 8. José Carlos in relation to José Carlos Alves dos Santos; 9. José Francisco in relation to José Francisco de Lima; 10. Manoel Alves in relation to Manoel Alves de Oliveira; 11. Pedro P. Andrade in relation to Pedro Pereira de Andrade; 12. Raimundo Gonçalves in relation to Raimundo Gonçalves 217 47

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