33
all of the political detainees whom died ‘disappeared’ [and] the regime went on
not to assume the murders of their opponents.”75
87.
According to the Special Commission, close to 50 thousand persons were
detained in the first few months of the dictatorship; around 20 thousand
prisoners were subject to torture; there are 354 dead and disappeared persons of
the political opposition; 130 expelled from the country; 4,862 persons whose
mandates and political rights were ceased, and hundreds of peasants were
murdered.76 The Special Commission noted that “Brazil is the only country [in the
region] that did not use [criminal] procedures to examine the [h]uman [r]ights
violations which took place during the dictatorship period [despite having] made
official, by means of Law No. 9.140/95, the recognition of responsibility by the
State for the complaints of deaths and disappearances by the victims.”77 The
abovementioned is due to the fact that in 1979 the State issued an Amnesty Law
(infra paras. 134 and 135).
2. Guerrilha do Araguaia
88.
The resistance movement of the new Communist Party of Brazil against
the military regime was denominated, Guerrilha do Araguaia. Said movement’s
objective was “to fight against the regime via the creation of a popular liberation
army.”78 In the beginning of 1972, just prior to the first expedition of the Army to
the Araguaia region,79 the Guerrilla was comprised of approximately 70 persons,
most of them were in their youth.80
89.
Between April 1972 and January 1975, a contingent of approximately
three thousand and ten thousand men of the Army, Marines, Air force, Federal
Police, and Military Police carried out repeated information gathering and
repression campaigns against the members of the Guerrilha do Araguaia.81 In the
first campaigns, the detained members of the Guerrilla were not deprived of their
life nor disappeared.82 The members of the Army received the order to detain
prisoners and “bury the dead enemies in the jungle, after their identification;” as
such, they were “photographed and identified by information officers and then
75
Right to Memory and Truth, supra note 67, folio 5614.
76
Cf. Special Commission on Politically Motivated Deaths and Disappearances of Persons.
Accomplished rol and pending work [Papel cumplido y trabajo por hacer], 2006. Summary of the book
Report [Extracto del Libro Informe](case file of annexes to the application, appendix 3, tome V, annex
2, folio 2762); Right to Memory and Truth, supra note 67, folio 5595.
77
Right to Memory and Truth, supra note 67, folio 5586.
78
Right to Memory and Truth, supra note 67, folio 5759.
79
The region where the events took place was located at the borders of the states of Maranhão,
Pará and the actual Tocantins, where the river Aragauia passes through.
80
Cf. Right to Memory and Truth, supra note 67, folios 5758 and 5759.
81
Cf. Right to Memory and Truth, supra note 67, folios 5758 and 5760 to 5761. See also,
Ministry of Defense, Information on the Guerrilha do Araguaia, Brief of the Union in the proceeding of
the Ordinary Action (case file on the merits, tome VII, 3314 and 3315, 3342 to 3379).
82
Cf. Right to Memory and Truth, supra note 67, folio 5759; Information on the Guerrilha do
Araguaia, supra note 81, folios 3332, 3333 and 3336 to 3339. Likewise, cf. statement of Mr. Danilo
Carneiro rendered before a public notary (case file on the merits, tome V, folio 2173), and testimonies
of Messers. José Genoíno Neto, Danilo Carneiro, Glenio Fernandes de Sá and Dower Moraes
Cavalcante in the framework of the Ordinary Action (case file of annexes to the application, tome I,
annex 9, folios 50, 56, 58 and 60).
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