105
cannot be subject to restrictions on accessibility.” The bill also encompasses a
reduction on the periods of confidentiality of the documents. Said project was
approved by the Chamber of Representatives and is being analyzed by the
Senate.
292. The Court positively values the various initiatives of Brazil in its attempts
to systematize and make public the documents related to the period of the
military regime, including those related to the Guerrilha do Araguaia. In
particular, on the collection and systematization of information on the Guerrilla,
pursuant to the information of the State and the expert report of expert Antunes
da Silva,391 under the framework of the Ordinary Action No. 82.00.24682-5,
being processed by the First Federal Court of the Federal District, 21,319 pages
of documents were presented, distributed in 426 tomes of evidence from the
former National Information Service. Subsequently 28 tomes of documents were
added that contain thematic information on the raid operations in the conflict
zone. On February 3, 2010, approximately 50 million documents, of which 63
correspond to the Guerrilha do Araguaia, were received from the Regional
Coordination Office of the body of information of the secret service of the
Commander of the Air Force. Based on the aforementioned, the Court deems
that it does not need to rule on an additional measure of reparation in this
regard, notwithstanding that the State must continue to develop the initiatives
for the systematization and publication of all the information on the Guerrilha do
Araguaia, as well as the information related to the human rights violations which
occurred during the military regime, guaranteeing access to this information.
293. On the other hand, in regard to the adaptation of the normative
framework of access to information, the Court notes that the State reported that
it is processing a draft bill that, among other reforms, proposes a reduction in
the periods allowed for restricting access to documents and establishes the
elimination of the same regarding those that are related to violations of human
rights, to which the representatives expressed their approval. Based on the
foregoing, the Court urges the State to adopt the legislative and administrative
measures, and any other measures, that are necessary to strenghten the
normative framework of access to information, pursuant to the Inter-American
standards of protection on human rights, such as those indicated in the present
Judgment (supra paras. 228 to 231).
iv. Creation of a Truth Commission
294. The representatives requested the Court to order the State to create a
Truth Commission that complies with the international parameters of autonomy,
independence, and public consultation for its integration and that is equipped
with appropriate resources and attributions. In regard to the Draft Bill that is
currently in the Congress, they expressed their worry, among other aspects,
because the seven members of the National Truth Commission are elected under
the discretion of the President of the Republic, without consulting the public, and
as such, without guarantees of independence and that allows for the
participation of soldiers as commissioners, thereby severely affecting its
credibility.
295. Brazil highlighted the future constitution of a National Truth Commission
that would be composed of seven members, elected by the President of the
Republic among Brazilians of distinguishable competence and ethical conduct,
committed with the defense of democracy and the constitutional
391
Cf. Expert report by Mr. Jaime Antunes da Silva, supra note 274, folios 1430 to 1433.
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