100
publish this Judgment in its entirety on an appropriate web site of the State of
Brazil, taking into account the characteristics of the publication that has been
ordered, and it must remain available for, at least, one year. Lastly, considering
the request of the representatives to publish this decision in book form, the Court
deems it appropriate to order, in addition, that the State publish the Judgment on
an appropriate web site in electronic book form. Said publications must be carried
out in a period of six months from the notification of this Judgment.
ii. Public act of acknowledgment of international responsibility
274. The Commission requested the Court to order the State to acknowledge
its international responsibility, as well as to carry out acts of symbolic
importance that guarantee the non-repetition of the violations which occurred in
the present case.
275. The representatives expressed that none of the actions of a symbolic
nature indicated by the State, (infra para. 276) refer exclusively to the
disappeared persons in Brazil and that none of these acts were effectuated in
consultation with the next of kin of the victims in the present case, an
indispensable element in order to carry out said measure. Though the State has
recognized its responsibility for the enforced disappearances in the domestic
forum, it has not recognized said responsibility in the international forum, nor
has it recognized its responsibility for the violations of the right to judicial
protection and judicial guarantees, as well as the right to personal integrity and
access to information of the victims and their next of kin. Based on the
foregoing, the representatives requested the Court to order the State of Brazil to
carry out a public act of acknowledgment of international responsibility and
official apology for the gross human rights violations perpetrated against the
victims in the present case, specifically for the denial of justice. They considered
that several representatives of the three powers of the State should attend said
act; that the act should be agreed to by the representatives of the victims
beforehand, and that the expenses should be covered by the State. Lastly,
considering that some of the next of kin live far away, they requested the
transmission of the public act by means of radio, newspapers, and television,
with wide national coverage and during a time where there is a large public
audience.
276. The State noted that it officially acknowledged its responsibility for the
deaths and enforced disappearances that occurred during the period of military
regime, inter alia, by means of Law No. 9.140/95 and the Report “Right to
Memory and Truth” of the Special Commission on Political Deaths and
Disappearances of Persons, which was presented in a public act with the
presence of the President of the Republic, of various authorities and next of kin
of the victims of the military regime. Likewise, the Minister of Justice, in the
name of the State, carried out an official apology via a public act carried out on
June 18, 2009, in which the benefits of a political amnesty were granted to 44
peasants of the region, who were pursued in order to give information on the
Guerrilha do Araguaia. In addition, other measures of a non-pecuniary nature
were carried out. In regard to the project “Right to Memory and Truth,” carried
out by the Special Secretariat on Human Rights of the Presidency of the
Republic, the State noted several actions: a) the publication and distribution in
public schools of the Report Right to Memory and Truth; b) three other
publications387 in order to highlight relevant aspects of the fight against the
387
The books “Right to Memory and Truth – The descendants of Men and Women who crossed
the Ocean on board of Slave Trade Boats and were Killed in the Conflict against the Military Regime”
and “History of the Children marked by the Dictatorship” were published on May and December 2009,
respectively, while the book “Fight, Feminine Noun” was published on April of 2010.
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