30
79.
In regard to the next of kin, the Court recalls that in its constant
jurisprudence of recent years, it has established that the alleged victims should
be indicated in the Report of the Commission issued pursuant to Article 50 of the
Convention and in the application before the Court. Moreover, pursuant to Article
34(1) of the Rules of Procedure, it corresponds to the Commission and not to this
Court, to identify with specificity and in the due procedural opportunity, the
alleged victims in the case before the Court.59
80.
As a consequence, the Court deems it convenient to clarify that the next of
kin that will be considered as alleged victims in the present case are those that
were indicated as such by the Inter-American Commission in the report on the
merits mentioned by Article 50 of the American Convention and by the application
brief.60
VII
RIGHT TO RECOGNITION OF JURIDICAL PERSONALITY, TO LIFE, TO
PERSONAL INTEGRITY AND TO LIBERTY IN RELATION TO THE
OBLIGATION TO RESPECT AND TO ENSURE RIGHTS
81.
So as to examine the alleged international responsibility of Brazil for the
violation of the rights to juridical personality,61 to life,62 to personal integrity,63
and to personal liberty,64 in relation to the obligation to respect rights,65 the Court
will summarize the arguments made by the parties, establish the facts it
considers proven, and make the appropriate considerations. In the present case,
the facts have been established, fundamentally, on official documents such as
Law No. 9.140/95, the reports of the Special Commission on Political Deaths and
Disappearances of Persons, the Ministry of Defense on the Guerrilha do Araguaia,
and the Interministerial Commission created to investigate the circumstances of
the disappearances which occurred in the context of the Guerrilla.
59
Cf. Case of the Ituango Massacre v. Colombia. Preliminary Objection, Merits, Reparations and
Costs. Judgment of July 1, 2006. Series C No. 148, para. 98; Case of Chitay Nech et al., supra note
25, para. 44, and Case of Rosendo Cantú et al., supra note 45, para. 140.
60
Case file of annexes to the application, appendix 3, tome VII, folios 3553 to 3558 and case
file on the merits, tome I, folios 37 to 42.
61
Article 3 of the American Convention establishes that “[e]very person has the right to
recognition as a person before the law.”
62
Article 4(1) of the American Convention establishes that “[e]very person has the right to
have his life respected. This right shall be protected by law and, in general, from the moment of
conception. No one shall be arbitrarily deprived of his life.”
63
Article 5(1) of the American Convention establishes that “[e]very person has the right to
have his physical, mental, and moral integrity respected.”
64
Article 7(1) of the American Convention establishes that “[e]very person has the right to
personal liberty and security.”
65
Article 1(1) of the American Convention establishes that “[t]he States Parties to this
Convention undertake to respect the rights and freedoms recognized herein and to ensure to all
persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without
any discrimination for reasons of race, color, sex, language, religion, political or other opinion,
national or social origin, economic status, birth, or any other social condition.”
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