Order of the
Inter-American Court of Human Rights
of July 15, 2009
Request for Provisional Measures
regarding Brazil
Matter of Gomes Lund et al. (Guerrilla do Araguaia)
HAVING SEEN:
1.
The brief of June 26, 2009 and its appendixes, through which the Centro por la
Justicia y el Derecho Internacional [Center for Justice and Internacional Law], the
Grupo Tortura Nunca Más [Torture Never Again Group] and the Comisión de
Familiares de Muertos y Desaparecidos Políticos [Commission of the Next of Kin of
Murdered and Disappeared by Politics], representatives of the alleged victims in the
Matter of Gomes Lund et al. (hereinafter “the representatives”), submitted to the
Inter-American Court of Human Rights (hereinafter “the Inter-American Court”, “the
Court” or “the Tribunal”) a request for provisional measures, in conformity with
Articles 63(2) of the American Convention on Human Rights (hereinafter “the
American Convention” or “the Convention”) and 26 of the Rules of Procedure of the
Court (hereinafter “the Rules of Procedure”), with the purpose that the State of Brazil
(hereinafter “the State” or “Brazil”) adopts, without further delay, all the necessary
measures to suspend the execution of the Order 567/MD of April 29, 2009 emitted by
the Ministry of Defense, as well as the activities of the Work Group referred in said
Order.
2.
The alleged facts in which the request for provisional measures presented by
the representatives are founded, to wit:
a)
on April 29, 2009, the Ministry of Defense emitted the Order 567/MD,
that came into effect the next day. The purpose of this administrative Order is
the creation of a Work Group, which main task is “to coordinate, according to
scientific methodology, the necessary activities to locate, collect and identify
the corpses of guerrilleros and military killed in the episode known as Guerrilha
do Araguaia”;
b)
the Work Group, in conformity with Article 2 of the Order 567/MD, is
conformed by the representatives of the next bodies: i) Army Command; ii)
Government of the State of Pará; iii) Government of the Distrito Federal, and
iv) another bodies and organizations, chose by the Ministry of Defense. The
Army Command coordinates the work and sets the procedures and goals of the
Work Group, which does not include members or representatives of the Public
Ministry or the Judicial Power with responsibilities in the decision making and,
therefore, not under the direction or rigurous control of a judicial authority.
The activities of the Work Group can be followed by special observers invited
by the Ministry of Defense; representatives of the Association of Federal