7) Techniques for investigating the existence and operations of complex criminal structures in
the area where human rights defenders work, as well as an analysis of any other powerful
non-state groups;
8) Techniques for investigating responsibility for committing and planning crimes;
9) Gender and ethnicity perspectives in the investigation of crimes, as well as the elimination of
stereotypes and stigmas.
171. This protocol shall be geared toward personnel involved in the administration of justice who
are in any way involved in the investigation and processing of cases of crimes against human rights
defenders. It shall also be integrated into the work of those officials through internal instructions and
rules that are mandatory for all public officials. 239
172. In addition, the State shall implement a training plan based on that protocol for personnel
involved in the investigation and processing of cases of crimes against human rights in the state of
Pará, and create a system of indicators to measure the protocol's effectiveness and to document a
substantive reduction in impunity for murders of human rights defenders, with data disaggregated
by gender. 240 The State has two years from the adoption of the protocol to fulfill this obligation. Once
the protocol is adopted, the State shall send a detailed annual report on the training plan and the
system of indicators for five years from the date of the release of the first report and its delivery to
the Court. 241
E.2
National public policy for the protection of human rights defenders
173. The Court appreciates the State’s creation of institutions and mechanisms for the protection
of human rights defenders, particularly in the state of Pará. However, this Court notes with concern
that despite that fact, violence against land rights defenders in Brazil and the resulting vulnerability
they experience, have remained extremely high since the 1980s 242 and that, within this context, the
state of Pará is the region with the most murders of human rights defenders over the last 40 years. 243
174. It is worth recalling here the statements made by the brother of Mr. Sales Pimenta during the
public hearing that “what we want is for no one else to die,” “for no more attorneys to die for their
work defending minorities.” 244 Moreover, as the expert witness Carlos Eduardo Gaio stated with
respect to other forms of violence such as death threats, murder attempts, and physical attacks, the
situation of violence is similar today. 245 For example, he reported that in 2020 alone, in addition to
the 18 murders, there were 159 death threats and 35 murder attempts in the country. 246
175. In addition, the first framework for the Human Rights Defenders Protection Program was
Decree 6.044 from 2007, 247 which approved the National Policy for the Protection of Human Rights
239
Cf. Case of Barbosa de Souza et al. v. Brazil, supra, para. 201.
240
Cf. Case of Digna Ochoa and family members v. Mexico, supra, para. 179.
241
Cf. Case of Digna Ochoa and family members v. Mexico, supra, para. 179.
Cf. Amicus brief presented by the Human Rights Clinic of the Federal University of Bahía (evidence file, folio 8237);
Amicus brief presented by the Order of Attorneys of Brazil, Minas Gerais section (evidence file, folios 7721–7725); Amicus
brief presented by the Union of Attorneys of Brazil, Minas Gerais section (evidence file, folio 7746).
242
243
Expert opinion of Carlos Eduardo Gaio, supra (evidence file, folio 7295).
244
Cf. Statement of Rafael Sales Pimenta during the public hearing on March 22, 2022.
245
Expert opinion of Carlos Eduardo Gaio, supra (evidence file, folio 7295).
246
Expert opinion of Carlos Eduardo Gaio, supra (evidence file, folio 7295).
Cf. Expert opinion of Douglas Sampaio Franco during the public hearing of this case, and Decree 6.044: “National
Policy for the Protection of Human Rights Defenders,” of February 12, 2007. Available in Portuguese at:
http://www.planalto.gov.br/ccivil_03/_ato2007-2010/2007/decreto/d6044.htm.
247
44