24
67.13. After the investigation had been dropped, Antônio Lopes, known as Carla, a friend of
Gilson Nogueira de Carvalho, conducted private investigations of the homicide and sent his
conclusions to the Human Rights Ombudsman of the Natal Courts. On August 3, 1998, the
Ombudsman informed the representative of the Office of the Public Prosecutor of Macaíba
that, in his understanding, the Ombudsman and Antônio Lopes had collected information
demonstrating certain contradictions between various testimonies, as well as clues that had
not been sufficiently explored, and as a result, further investigation into the case was in
order.30
67.14. On August 31, 1998, the prosecuting attorney of the Office of the Public Prosecutor
of Macaíba requested that the police investigation into the death of Gilson Nogueira de
Carvalho be reopened in view of the fact that “the information [that had been] conveyed to
the [Office of the Public Prosecutor was] truly important” and that “it merit[ed a] thorough
investigation and [suggested] that the responsibility for masterminding the crime [lay] with
the politicians of Macaíba.”31
67.15. On September 24, 1998, the Judge of the First Chamber of the Courts of Macaíba
granted the request of the Office of the Public Prosecutor and decided that police
investigation No. 296/96 on the death of Gilson Nogueira de Carvalho would be reopened
and resumed.32
67.16. On November 15, 1998, a delegation of federal police officers, in another
investigation separate from that of the death of Gilson Nogueira de Carvalho, executed a
search and arrest warrant issued by a federal judge for the purpose of verifying the
existence of a clandestine gravesite on the farm of former police officer Otávio Ernesto
Moreira. During this proceeding, the Federal Police seized two 9-mm M953 sub-machine
guns and a .38 caliber shotgun in the house of the former police officer, that were the
property of and were intended for use by the Secretariat of Public Security and that,
according to Otávio Ernesto Moreira, as a result of his own negligence had not been
returned to that public institution when he retired. On the same farm, investigators also
found a Glock .380-caliber pistol and a Remington 12-gauge shotgun. At that time, Otávio
Ernesto Moreira was being held in preventive custody.33
67.17.
Otávio Ernesto Moreira is a retired civil police officer; for many years,
including at the time of the death of Gilson Nogueira de Carvalho, he worked in the
Secretariat of Public Security of the State of Rio Grande do Norte, directly under the orders
of Deputy Secretary of Public Security Maurílio Pinto de Medeiros. In the setting of that
institution, he would lend his shotgun to fellow officers.34
30
Cf. note No.121/97 – PJDDH by the Human Rights Ombudsman of the Court of Natal, Fernando Batista de
Vasconcelos, addressed to the Prosecutor of the Courts of Macaíba, Henrique César Cavalcanti, August 3, 1998 (file
of appendixes to the response to the application, Appendix 1, Volume 4, folios 3816 through 3821); and testimony
given by Fernando Batista de Vasconcelos on February 8, 2006, supra note 17.
31
Cf. brief by the prosecuting attorney of the Court of Macaíba, August 31, 1998 (file of appendixes to the
response to the application, Appendix 1, Volume 4, folios 3781 and 3787).
32
Cf. order by the Judge of the First Chamber of the Courts of Macaíba, September 24, 1998 (file of
appendixes to the response to the application, Appendix 1, Volume 4, folio 3830).
33
Cf. warrant for the arrest en flagrante delicto of Otávio Ernesto Moreira, November 15, 1998 (file of
appendixes to the response to the application, Appendix 1, Volume 4, folios 4154 through 4159).
34
Cf. statement given by Otávio Ernesto Moreira to the Federal Police on January 14, 1999 (file of
appendixes to the response to the application, Appendix 1, Volume 4, folios 4203 through 4205).