34
buried in various places in the jungle.”83 Nevertheless, following a “broad and
thorough intelligence operation, planned in preparation for the third and final
counter-attack,” there was a change in strategy among the armed forces. In
1973, the “Executive branch of the Republic, headed by General Medici, directly
assumed control of the repressive operations [and] the official order became the
extermination of the prisoners.”84
90.
Towards the end of 1974, there were no longer any members of the
Guerrilla in Araguaia, and there is information that the bodies of the activists
were exhumed and incinerated or thrown in the rivers of the region.85 On the
other hand, “[t]he military government imposed absolute silence regarding the
events which occurred in Araguaia” and it “[p]rohibited the press from releasing
news on the matter, and in the meantime [the] Army denied the existence of the
movement.”86
3. Law No. 9.140/95 and Special Commission on the Political Deaths and
Disappearances of Persons
91.
On December 4, 1995, Law No. 9.140/95 was promulgated, wherein the
State of Brazil recognized its responsibility for the “murders of the political
opposition” in the period between September 2, 1961 and August 15, 1979.87
This Law “automatically recognized 136 cases of disappeared persons contained
in a ‘[d]ossier’ organized by next of kin and human rights defenders after […]
years of searches.”88 Of them, 60 are alleged disappeared victims in the present
case, that together with Maria Lucia Petit da Silva, person deprived of life in the
military operations against the Guerrilla, are identified in Annex 1 of the Law.89
92.
Moreover, the Law created the Special Commission on Politically Motivated
Deaths and Disappearances of Persons, which is responsible, among its other
functions, “in carrying out the recognition of the disappeared persons not
included in Annex 1 of [said] law.”90 In this way, the requests for recognition of
disappeared persons not included in Annex 1 of the law should be filed by the
next of kin with the Special Commission and should be presented with
information and documents that can prove said allegation of the disappearance of
their family member.91
83
Right to Memory and Truth, supra note 67, folio 5762
84
Right to Memory and Truth, supra note 67, folios 5759 and 5761.
85
Cf. Right to Memory and Truth, supra note 67, folio 5762. See also, Tocantins Working
Group, Report on the 4th Field Work Expedition (3rd phase), annex R (brief of annexes to the answer
to the application, tome I, folio 8104), and Information on the Guerrilha do Araguaia, supra note 81,
folios 3445 to 3452.
86
Right to Memory and Truth, supra note 67, folio 5762.
87
Cf. Law No. 9.140/95 of December 4, 1995 (brief of annexes to the answer to the
application, tome I, annex 1, folio 5567), and Right to Memory and Truth, supra note 67, folio 5582.
88
Right to Memory and Truth, supra note 67, folios 5582 and 6058 to 6061. The 136
disappeared persons included in Law No. 9.140/95 are identified in its Annex I.
89
Cf. Law No. 9.140/95, Annex I, supra note 87, folios 5 to 15.
90
Law No. 9.140/95, Article 4(I)(a), supra note 87, folio 5567.
91
Cf. Law No. 9.140/95, Article 7, supra note 87, folio 5567.
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