32 objected to the application of the “doctrine of crimes against humanity” in the case given the principles of legality and applicability of a prior criminal law. It indicated, inter alia, that for international custom to establish the criminal elements, “it would be necessary for it to be duly consolidated at the time of the facts,” (1972-1974),” and the “universalization of the codification of crimes against humanity in the international forum occurred only in the […] Rome Statute [of the international Criminal Court], in 1998.” B. Facts regarding the enforced disappearances 1. Historical Context 85. In April 1964, a military coup overthrew the government of President João Goulart. The consolidation of the military regime was based on the Doctrine of National Security and the issuance of successive “national security laws,”66 and regulations during a state emergency, such as the institutional acts, “that served as the legal framework giving legal support to the increasing repression.”67 This period was characterized by “the installation of a repressive apparatus that took on characteristics of a truly powerful nature parallel to that of the State,”68 reaching its “peak” with the decree of Institutional Act No. 5, in December 1968.69 Among other repressive manifestations in that period, the National Congress was closed, the press was “completely censured,” individual and political rights, freedom of expression, freedom of association, and the guarantee of habeaus corpus were suspended.70 Likewise, the scope of the military justice system was extended, and a National Security Law introduced, among other measures, life imprisonment and the death penalty.71 86. Between 1969 and 1974, there was a “sudden and devastating attack on the armed opposition groups.”72 The mandate of President Médici (1969-1974) represented “the most extreme phase of the repression in the 21 years of the military regime” in Brazil.73 Subsequently, “during the first three years of the [government of President] Geisel [1974-1979], the disappearance of political prisoners, which had initially been only a fraction of the deaths that occurred, became the predominant norm so as not to leave as evident the contradiction between the speech of aperture and the systematic repetition of the regular official news reports wherein assaults, escape attempts, and false suicides were simulated.”74 Therefore, as of 1974 “there were no more deaths in the prisons[,] 66 Among others, the Decree-Law No. 314 of 1967, No. 510 and 898 of 1969. 67 Special Commission on Politically Motivated Deaths and Disappearances of Persons, Derecho a la Memoria y a la Verdad [Right to Memory and Truth] Special Secretariat of Human Rights of the Presidency of the Republic, Brasilia, 2007. (file of annexes to the answer to the application, tome I, annex 7, folio 5584). 68 Right to Memory and Truth, supra note 67, folio 5587. 69 Cf. Right to Memory and Truth, supra note 67, folios 5586 and 5591, and Institutional Act No. 5 of December 13, 1968. 70 Cf. Right to Memory and Truth, supra note 67, folios 5587 and 5591. 71 Right to Memory and Truth, supra note 67, folios 5587 and 5591, and Decree Law No. 898 of September 29, 1969. 72 Right to Memory and Truth, supra note 67, folio 5592. 73 Right to Memory and Truth, supra note 67, folio 5591. 74 Right to Memory and Truth, supra note 67, folio 5592.