Effect given to the recommendations of the committee and the Governing Body - Report No 318, November 1999

Case No 1509 (Brazil) - Complaint date: 15-SEP-89 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 13. The Committee last examined this case which concerns the murder, on 12 September 1989, of the trade union leader Valdicio Barbosa dos Santos at its March 1999 meeting (see 313th Report, para. 18) and, at that time, noted that: the legal proceedings concerning this case were still pending before the tribunal of the State of Espíritu Santo (in appeal from the criminal court) following an appeal lodged by Romualdo Eustáquio Luz Faria -- accused of having participated in the aggravated homicide and liable to penalties of 12 to 30 years' solitary confinement provided for in sections 121(2)(I) and (IV) and 29 of the Penal Code -- and that the other accused, Gilberto Marçal da Rocha had not yet been located, which was why the sentence had not been served on him. The Committee had asked the Government to keep it informed of the final result of the legal proceedings in question.
2. 14. In a communication dated 28 July 1999, the Government states that the appeal lodged by the accused Romualdo Eustáquio Luz Faria had been turned down. In connection with the other accused, Gilberto Marçal da Rocha, the Government states that there was enough evidence to presume that he was guilty of the crime; however, given that he was still on the run and that an order had been issued summoning him to appear in order to be detained pending his trial, he was declared to be in contempt of court and the period of prescription for the legal proceedings was suspended.
3. 15. The Committee takes note of this information.