the dictatorship.” The State indicated that since 2011 around 290 criminal inquiries had been instituted and
12 criminal complaints had been brought against 24 civilian and military agents on charges related to the
concealment of dead bodies, kidnapping, homicide, armed criminal conspiracy, procedural fraud and
transporting explosives.
39.
As for the aforementioned complaints brought by the Federal Public Prosecutor’s Office,
Brazil observed that they concerned “the context of the systematic and generalized attack on the civilian
population in which the crimes were committed and their classification as crimes against humanity.” It also
observed that those criminal acts are being investigated and tried before the “courts of ordinary jurisdiction”
and not in the “military justice system”, in keeping with paragraph 257 of the Inter-American Court’s
judgment in the Case of Gomes Lund et al. (“Guerrilha do Araguaia”) v. Brazil.
40.
The State also indicated that the “Transitional Justice” Working Group was created in the
Second Coordination and Review Chamber of the Prosecutor’s Office in 2011 to address the issues of criminal
law that compliance with the Inter-American Court’s judgment in the Case of Gomes Lund et al. (“Guerrilha do
Araguaia”) v. Brasil raised.
41.
According to the State, following the December 2014 publication of the Report of the
National Truth Commission, that Working Group compiled the names of the 434 persons that the Report lists
as having been killed or disappeared during the military dictatorship, in order to establish whose cases were
not among those being investigated in 290 criminal inquiries [“Procedimentos Investigatórios Criminais”]
already instituted. It also pointed out that those inquiries involved some 340 victims. Once it had completed
its review, the Working Group filed an administrative complaint with the “natural prosecutors”, members of
the Public Prosecutor’s Office who have legally established jurisdiction, to request that investigations be
undertaken with respect to 102 victims.
42.
Finally, Brazil observed that the activities of the Federal Public Prosecutor’s Office are not
confined to crimes committed during the “Guerrilha do Araguaia” and pointed out that it would use a “broad
interpretation” of the finding in the Inter-American Court’s judgment. It also reported on the agreement that
the Office of the Attorney General of the Republic and the Office of the Attorney General of the Argentine
Nation had entered into for the purpose of establishing the first joint investigation team focusing on
“Operation Condor”.
43.
The State pointed to other measures being taken in relation to the right to the truth and to
memory, and to transitional justice. Those measures are reportedly being implemented by the Ministry of
Justice’s Amnesty Commission, the Secretariat on Human Rights of the Office of the President of the Republic
and the Federal Public Prosecutor’s Office.
44.
On the subject of the Amnesty Commission, the Brazilian State made reference to the
Political Amnesty Memorial in Brazil, which is reportedly in the implementation phase. . It pointed out, inter
alia, that the Memorial will have a documentation and search center where the general public will have access
to the files of the Amnesty Commission. It also reported on the "Projeto Caravanas de Anistia" [Amnesty
Caravans Project],, which consists of traveling hearings to examine amnesty requests, followed by educational
and cultural activities. In addition to reporting on the Amnesty Commission’s publications, the State made
reference to the “Ciclo 50 anos”, an event involving multiple activities to mark the 50 years that have passed
since the staging of the “civil-military coup.”
45.
Brazil also reported on the activities conducted by the Secretariat on Human Rights, which
include, inter alia, the Human Rights in Film Series, whose 2014 theme was “Memory and Truth” covering the
50 years that have passed since the ’64 coup, the “Right to Memory and Truth Project” and the Dictatorship
Memories Portal.
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