2
Judges of Brazil, a former member of the Parliament and member of the
Communist Party of Brazil, were incorporated in such way. Likewise, the
technical body of the group is formed by some expert witnesses of the Civil
Police Department of the Distrito Federal and the Federal Police Department,
and anthropologists vinculated with the Ministry of Science and Technology;
c)
the next of kin of the disappeared persons were also invited to
participate as observers. However, they pointed out that after a meeting with
the Ministry of Defense, and the purely military character of the Work Group
proved, “the next of kin […] rejected any participation in the project and
expressed their straightforward rejection to the Ministry’s iniciative that puts
under military control all investigation activities and identification of [the]
bodies.” According to the Comisión de Familiares de Muertos y Desaparecidos
Políticos [Commission of the Next of Kin of Murdered and Disappeared by
Politics]: i) the initiatives for the location, collecting anf identification of the
mortal remains will be conducted by the Special Commission created by Law
No 9.140/95, which legal and ethical competente is unquestionable; ii) the
Army must be restricted to provide information only to that Special
Commission; iii) the presence of military in the region where the events
happened “will reopen old wounds [in the local popularion], and it will also
scared and drive away possible civilian volunteers”, and iv) the commanding of
the operation will be in charge of a general of brigade affirmed the press,
regarding to what happened on March 31, 1964, when the Brazilian Army
“atended the people’s […] contributing substantially and possitively,
preventing the conversion of Brazil into Communism”, and
d)
acorrding to a press brief of the Ministry of Defense, the Order 567/MD
has the purpose to comply with the judgment dictated in Act No. 82.00.246825, which was hand over by the next of kin of some of the alleged victims
against the Federal Union and goes before the First Federal Court of the
Judicial Section of the Distrito Federal (hereinafter “First Federal Court”).
However, the execution of the judgment has not started despite the fact that
eighteen months have passed since the decission was taken, with the
documents on the hands of the Abogacía General de la Unión (Attorney
General of the Reublic). Likewise, the judicial decission Orders only to perform
a thorough investigation in the Army to build a detailed and precise chart
about the performed operations, which include to receive statements from the
militia that would have participated in activities against the guerrilla,
disregarding their rank at the time. On the other hand, the beginning of the
activities of the group is imminent. As soon as the first stage of work is
completed, which consists in the definition of the members of the group, the
second stage of the activities will begin, corresponding to the “identification of
areas where the location of the remains will take place.” After that, the third
stage will consist on the excavations and investigations in the places where the
mortal remains of the disappeared persons would be buried; and after, the
fourth stage will consist on lab work.
3.
The arguments of the representatives to set their request for provisional
measures, among which they pointed out:
a)
a judicial investigation, independent, impartial, and effective, with the
participation of the next of kin of the alleged victims in the request, also the
location, identification and deliver of the mortal remains of the alleged victims