payment; (ii) absence of limits to the duration of the services; (iii) failure to define the nature
of the services; (iv) that the persons live on the property where they provide the services;
(v) control over the movements of these persons; (vi) existence of measures to prevent
escapes; (vii) psychological control of the individual; (viii) the victims are unable to change
their circumstances, and (ix) cruel and abusive treatment.
211. The Commission also indicated that forced labor refers to those services provided
under threat of punishment, and that are provided unwillingly by the victims. It added that
the fact that payment is received in exchange for the services does not prevent them from
being classified as servitude or forced labor. Lastly, the Commission asserted that there is a
close relationship between the different abusive practices such as forced labor, slavery, debt
bondage, trafficking351 and labor exploitation. The interrelationship between these conducts
supposes that one and the same act can be classified under different concepts and that they
are never mutually exclusive.
212. The Commission stated that the testimony of the rescued workers and the other
evidence provided352 reveal that, in Hacienda Brasil Verde: (i) the workers who wanted to
leave the hacienda were subjected to death threats; (ii) the workers were prevented from
leaving the property freely; (iii) there were no salaries or these were derisory; (iv) workers
were indebted to the owner of the hacienda, and (v) the conditions of housing, health and
alimentation were appalling. On this basis, the Commission concluded that the hacienda
owner and foremen used the workers as if they owned them.
213. In addition, the Commission indicated that debt bondage existed in this case. The
workers acquired huge debts with the gatos and the hacienda foremen for their transfer, food
and other items. Since they received little or no wages, it was almost impossible to pay off
the debt and, until it was paid, the workers could not leave the hacienda. The Commission
also considered that the case involved forced labor because the services were provided under
threat of violence and against the will of the workers. It indicated that, although the workers
initially agreed to work voluntarily, this agreement was obtained based on false promises and
they were unable to leave the hacienda when they discovered the real working conditions.
214. The Commission asserted that the Brazilian State was aware of the phenomenon of
slave labor in its territory long before the events of this case. Moreover, not only did the
State know about the problem in general terms, but it was very well aware of the situation
in Hacienda Brasil Verde. The Commission indicated that, even though the 1989 and 1997
inspections fall outside the Court’s competence, they should be taken into account as the
context of what happened in the hacienda and of the State’s knowledge of the situation. In
the Commission’s opinion, all the requirements are fulfilled for declaring Brazil’s responsibility
by omission; namely: (i) the existence of a real and imminent risk; (ii) the State’s knowledge
of this risk; (iii) the special situation of the individuals affected, and (iv) the reasonable
possibilities of prevention.
215. The Commission recognized the efforts that Brazil had made to combat slave labor;
however, it stressed that all the relevant measures were taken after 2003. In particular, the
Commission argued that there is no evidence that Brazil had taken any measure to prevent
and protect the victims in this specific case from 1998 to 2000. It underlined, for example:
The Commission did not include in persons in its Admissibility and Merits Report because the issue was not
discussed while it was processing the case. However, in its final observations, it indicated that since the issue had
been discussed during the processing of the case before the Court, it would be possible to classify some conducts
as trafficking.
351
Inspection of March 15, 2000, Report of March 31, 2000 (evidence file, folio 9571) and Public civil action of May
30, 2000 (evidence file, folio 1049).
352
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