4
2.
According to the Commission, the application refers to the alleged
“responsibility [of the State] for the arbitrary detention, torture, and enforced
disappearance of 70 persons, members of the Communist Party of Brazil […] and
peasants of the region, […] as a result of the operations of the Brazilian Army
between 1972 and 1975, whose purpose it was to eradicate the Guerrilha do
Araguaia, in the context of the military dictatorship in Brazil (1964–1985).”
Moreover, the Commission submitted the case to the Court because, “under Law
No. 6.683/79 […], the State did not carry out a criminal investigation so as to
prosecute and punish the persons responsible for the enforced disappearance of
70 victims and the extrajudicial execution of Maria Lúcia Petit da Silva […];
because the judicial remedies of a civil nature aimed at obtaining information
regarding the facts have not been effective in guaranteeing that the next of kin of
the disappeared and executed persons have access to information on the
Guerrilha do Araguaia; because the legislative and administrative measures
adopted by the State have unduly restricted the next of kin’s right to access
information; and because the disappearance of the victims, the execution of
Maria Lúcia Petit da Silva, the impunity of those responsible, and the lack of
access to justice, the truth, and information, have negatively affected the
personal integrity of the next of kin of the disappeared and executed person.”
The Commission requested the Court to declare that the State is responsible for
the violation of the rights established in Articles 3 (right to juridical personality),
4 (right to life), 5 (right to human treatment [personal integrity]), 7 (right to
personal liberty), 8 (right to a fair trial [judicial guarantees]), 13 (freedom of
thought and expression) and 25 (right to judicial protection) of the American
Convention on Human Rights (hereinafter, “the American Convention” or “the
Convention”), in relation with the obligations enshrined in Articles 1(1) (obligation
to respect rights) and 2 (domestic legal effects) of the same. The Commission
requested that the Court order the State to adopt specific measures of
reparation.
3.
On July 18, 2009, the Grupo Tortura Nunca Más de Rio de Janeiro [Group
on Torture Never Again of Rio de Janeiro], the Comisión de Familiares de Muertos
y Desaparecidos Políticos del Instituto de Estudios de la Violencia del Estado
[Commission of the Next of Kin of Politically Deceased and Disappeared Persons
of the Institute of Studies on State Violence] and the Center for Justice and
International Law (hereinafter, “the representatives”) presented their brief of
pleadings, motions, and evidence (hereinafter, “brief of pleadings and motions”),
pursuant to Article 24 of the Court Rules of Procedure. In said brief, the
representatives requested that the Court declare “[i]n relation with the enforced
disappearance of the [alleged] victims […] and the total impunity regarding the
facts,” the international responsibility of the State of Brazil for the violation of
Articles 3, 4, 5, 7, 8, and 25 of the Convention, all in relation to Article[s] 1(1)
and 2 of the same instrument, as well as Articles 1, 2, 6, and 8 of the InterAmerican Convention to Prevent and Punish Torture (hereinafter, also “InterAmerican Convention against Torture”]; of Articles 8 and 25, in relation to Articles
1(1) and 2 of the American Convention and Articles 1, 6, and 8 of the InterAmerican Convention against Torture for the failure to investigate and lack of due
diligence in the domestic proceedings; of Articles 1(1), 2, 13, 8 and 25 of the
Convention for the undue restrictions on the right to access information; of
Articles 1(1), 8, 13, and 25 of the Convention for the violation of the right to the
truth, and Article 5 of the Convention for the violation of the personal integrity of
the next of kin of the [alleged] disappeared victims. As a consequence, they
requested the Court to order various measures of reparation. The next of kin of
forty-eight alleged victims, through power of attorney granted on various dates,
assigned the abovementioned organizations as their legal representatives, those
of which are represented, in turn, by Mrs. Cecília Maria Bouças Coimbra, Elizabeth
Silveira e Silva, and Victória Lavinia Grabois Olimpio (Grupo Tortura Nunca Más)