7
Legislative Power, civilians and press. In this manner, the Federal Public Ministry
presented a judicial questioning against the Ministry of Defense, requestion
clarification on the actions of the Work Group. Likewise, on July 9, 2009, the
Ministry of Defense rendered a statement before the Chamber of
Representatives about the activities of said group, and
vi) that the suspension of the activities of the Work Group might risk the
compliance of the judgment rendered by the First Federal Court, which is
favorable for the next of kin of the murdered and disappeared in the Guerrilha
do Araguaia.
*
*
*
10.
That the Court confirms that the search and delivery of the mortal remains
comes from a judicial decision through which the Federal State, the respondent in the
case before the domestic venues, was ordered to adopt said measures. As a matter of
fact, the judgment of June 30, 2003 of the First Federal Court, in the frame of Act No.
82.00.24682-5, “deemed appropiate the request to determine: […] 2. [to the]
respondent that, in no later than 120 (one hundred and twenty) days, it will inform to
this court where the bodies of the next of kin of the petitioners are, the ones
murdered in the Guerrilha do Araguaia, and it shall proceed to the transfer of the
mortal remains and burial in the place indicated by the [next of kin who requested the
proceeding], providing also, the information necessary for the elaboration of the
death certificates.”3 In attention to this, the Court confirms that the search for the
mortal remains was ordered in the frame of a judicial process, therefore, it is under
the supervision of the judge that ordered the measure, to whom all information must
be delivered.
11.
That, on the other hand, the Court appreciates the fact that changes have
been made in regards to what originalle was set for the Work Group. The State
informed that, according to Order 993/MD, published on the Oficial Gazette of the
Union of July 13, 2009, the Order 567/MD was modified, setting that the
responsibility of the Army Command will be “to coordinate the logisitics supporting
work.” Likewise, according to Order 995/MD of July 13, 2009, the general
coordination of said group was attributed to the Juridical Consultant of the Ministry of
Defense. The Juridical Consultant is a member of the Attorney General’s Office of the
Republic, which role is to colaborate with the Secretary of Defense, and to protect the
legality of the ministry’s acts. Also, the State informed that in the integration of the
Work Group are independent observers, among which there is a federal judge, and
that the excavations, exhumation and identification of the mortal remains are in
charge of civilian technicians.
12.
That, aditionally, the State informed that an Inter-Institutional Supervision
Commitee is being formed, integrated by representatives of civilians’ organizations
and State bodies, such as the Special Secretariat of Human Rights of the Presidency,
which, among others, will physically accompany and supervise in situ the activities of
3
Matter of Gomes Lund et al. v. Brazil. Judgment of the First Federal Court of the Judicial Section
of the Distrito Federal of June 30, 2003, in the framewirk of Action No. 82.00.24682-5 (File of appendixes
to the request, Tome I, Appendix 21, page 179).