372. This Court has taken into account different criteria to determine the complexity of a
proceeding. These include the complexity of the evidence, the plurality of the procedural
subjects or the number of victims, the time that has passed since the violation, the
characteristics of the remedy established in domestic law, and the context in which the
violation occurred.488
373. The Court observes that, in this case, the characteristics of the proceedings were not
particularly complex. The complaints filed against Raimundo Alves de Rocha, Antônio Alves
Vieira and João Luiz Quagliato Neto were based on the April 1997 inspection at Hacienda
Brasil Verde, and the Federal Public Prosecution Service had sufficient information to file the
complaints. Also, the plurality of procedural subjects did not represent a problem as they
were a specific, closed group. The Court does not find any particular reasons that could
substantiate a special complexity of the case that would justify the proceedings lasting more
than 10 years.
ii)
Procedural activity of the interested party
374. In this case, the Court finds no evidence that would allow it to infer that there had
been any type of conduct or action by the interested parties that would have retarded the
proceedings. To the contrary, the Court notes that the workers found during the 1997
inspection, which originated the criminal complaint of June 1997, were unable to take part
in the proceedings held for the facts verified in Hacienda Brasil Verde.
375. In this regard, the Court recalls that, in relation to the exercise of the right to judicial
guarantees recognized in Article 8 of the American Convention, the Court has established,
inter alia, that “it is necessary to comply with all the requirements that protect, ensure or
assert the ownership or exercise of a right; that is, the conditions that must be met to ensure
the adequate representation or control of the interests or the claims of those whose rights or
obligations are subject to judicial consideration.”489
376. The Court also recalls that, according to the right recognized in Article 8(1) of the
American Convention, in relation to Article 1(1) of this instrument, States have the obligation
to ensure the right of the victims or their next of kin to participate in all stages of proceedings
that concern them so that they may make proposals, receive information, provide evidence,
submit arguments and, in sum, assert their rights.490 The purpose of this participation should
be access to justice, to know the truth about what occurred, and to obtain fair reparation.491
However, the effective search for the truth corresponds to the State and does not depend on
the procedural initiative of the victim or the next of kin, or on the contribution of probative
elements by private individuals.492 In this case, the Federal Public Prosecution Service was in
charge of the criminal action, because the crime was subject exclusively to a “public criminal
action.”
iii)
Conduct of the judicial authorities
Cf. inter alia, Case of Genie Lacayo v. Nicaragua. Preliminary objections. Judgment of January 27, 1995. Series
C No. 21, para. 78, and Case of Quispialaya Vilcapoma, para. 179.
488
Cf. Judicial Guarantees in States of Emergency (Arts. 27.2, 25 and 8 American Convention on Human Rights).
Advisory Opinion OC-9/87 of October 6, 1987. Series A No. 9, para. 28, and Case of J, para. 258.
489
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Merits, para. 246, and Case of the Río
Negro Massacres, para. 193.
490
491
Cf. Case of Valle Jaramillo et al., para. 233, and Case of the Río Negro Massacres, para. 193.
492
Cf. Case of Velásquez Rodríguez v. Honduras. Merits, para. 177, and Case of the Río Negro Massacres, para. 193.
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