36
ii. Searches carried out by the Special Commission
96.
The Special Commission98 carried out its first mission in May 1996, with
the support of the Argentine Forensic Anthropology Team,99 wherein no
excavations were done.100 Then, in June and July of 1996, the Special
Commission and the Argentine Forensic Anthropology Team carried out a second
mission, wherein they found three bodily remains, but only one was compatible
with the search criteria.101 Finally, in March 2004, another mission was carried
out, wherein nothing resulted.102
iii. Searches carried out by other organs of the State
97.
In July 2001, the Federal Public Prosecutor’s Office carried out a mission in
the Araguaia region, also with the support of the Argentine Forensic Anthropology
Team.103 Subsequently, in October of 2001, with the support of the Human Rights
Commission of the Chamber of Members of Parliament, the mission of the Federal
Public Prosecutor’s Office found eight bodily remains, those of which have yet to
be identified.104 The Public Prosecutor’s Office made another trip to the region, in
December 2001, without specific results.105
iv. Searches carried out by the Interministerial Commission
98.
On October 2, 2003, the State created an Interministerial Commission, via
Decree No. 4.850, to investigate the circumstances of the disappearances that
occurred in the context of the Guerrilha do Araguaia, with the purpose of
obtaining information that would allow for the localization of the bodily remains of
its members, their identification, transport, and burial, as well as the issuance of
98
The Special Commission also has jurisdiction to “carry out efforts regarding the search of the
bodies of the disappeared persons when there was evidence of where they were located.” Cf. Law No.
9.140/95, Article 4(II), supra note 87, folio 5567.
99
Cf. Trip Report, supra note 94, folios 6381 to 6388; Technical Report of the first visit by the
Argentine Forensic Anthropological Team carried out in the Araguaia region on May 8 to 11, 1996
(case file of annexes to the application, appendix 3, tome III, folios 2439 to 2449), and Right to
Memory and Truth, supra note 67, folios 5607 and 5763.
100
Cf. Trip Report, supra note 94, folio 6382.
101
Cf. Right to Memory and Truth, supra note 67, folio 5763; Trip Report, supra note 94, folio
6385, and statement rendered by Mrs. Schmidt de Almeida, supra note 94. Also cf. Technical report of
the second mission of the Argentine Forensic Anthropological Team of July 25, 1996 (case file of
annexes to the application, appendix 3, tome III, folios 2450 to 2458).
102
Cf. Trip Report, supra note 94, folio 6383. Similarly, cf. Report of the Argentine Forensic
Anthropological Team regarding the mission of March 4 to 13, 2004, (case file of annexes to the
application, appendix 3, tome III, annex 43, folios 1435 a 1446).
103
This mission was a result of the preliminary investigations No. MPF/SP 103/2001, MPF/PA
011/2001 and MPF/DF OS/2001. See Trip Report, supra note 94, folios 6382 and 6383. The bodily
remains found were sent to Brasilia but they were not identified. In its report of August 2, 2001, the
Argentine Forensic Anthropological Team reiterated its recommendations regarding the human and
logistical resources necessary for future searches and emphasized the importance of field work and of
finding experts in the region. In this regard, cf. Report of the Argentine Forensic Anthropological Team
of August 21, 2001 (case file of annexes to the application, appendix 3, tome III, annex 42, folios
1429 a 1434).
104
Cf. Trip Report, supra note 94, folio 6386 and final written arguments of the State (case file
on the merits, tome IX, folios 4931 to 4933).
105
Cf. Trip Report, supra note 94, folios 6382 and 6383.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents