5
10.
Therefore, in defense of the guarantee of the supremacy of Human Rights,
particularly when degraded by crimes against humanity, it becomes necessary to
recognize the importance of said international judgment and to immediately
incorporate it into the domestic body of laws, to allow for investigation,
prosecution, and punishment those crimes, which were then, protected by an
interpretation of the Amnesty Law, which as an end result, is a Law that
generates impunity, lack of trust regarding protection from the State, and a
eternally opened social wound, needing to be healed by the calm and more
incisive application of Law and Justice.
VI.
ACKNOWLEDGEMENT OF RESPONSIBILITY BY THE STATE
11.
The Court, by law, rules on the acknowledgment of international
responsibility effectuated by the State.
12.
Article 53(2) of the Rules of Procedure establishes that “if the respondent
were to inform the Court of its unlawful actions to the claims of the plaintiff and
to those of the representatives of the alleged victims, its next of kin or
representatives, the Court, having heard the views of the parties in the case, will
decide on the sources of the acquiescence and its legal effects.”
13.
Therefore, the Court, in exercising its inherent powers of international
judicial protection of human rights, may establish its free conviction on whether
the recognition of international responsibility by a State provides sufficient
substance in the terms of the Convention, in order to monitor or not the merits
and the determination of reparations and costs. For that, the Court must analyze
the situation presented in individual cases.422
14.
In this case, the Brazilian state, throughout the proceedings before the
Inter-American Human Rights System, did not dispute liability for the acts
regarding the arbitrary and illegal detention, torture, and enforced
disappearance, along the lines proposed by the Law No. 9140, to December 4,
1995.423 On the contrary, in its answer to the final written arguments of the
representatives of November 2006, in the proceedings before the Inter-American
Commission on Human Rights, the State acknowledged “[the] feeling of anxiety
of the next of kin of the disappeared persons of the Guerrilha do Araguaia,
believing in the supreme right of all individuals to the opportunity to mourn their
dead, a ritual which includes the burial of their remains.”424
15.
In the book-report of the Special Commission on Political Deaths and
Disappearances of Persons – CEMDP425 the State recognized that the Law No.
422
IA Court of HR. Case of Montero Aranguren et al. vs. Venezuela. Judgment of July 5, 2006.
Series C N° 150, para. 39; Case of Baldéon García. Judgment of April 6, 2006. Series C N° 147. para.
38; Case of Acevedo Jaramillo et al. Judgment of February 7, 2006. Series C N° 144, para. 173; and
Case of Blanco Romero et al. Judgment of November 28, 2005. Series C N° 138, para. 55.
423
Application of the IACHR, para. 41. Preamble of Law No. 9.140/95 establishes that the law,
among others, “recognizes as deceased persons those that were disappeared due to their
participation, or accusal of participation, in political activities, in the period of September 2, 1961 to
August 15, 1979.”
424
Observations of the State of May 2007, para. 10. Appendix III of the Application of the
IACHR.
425
Created by Law No. 9.140/95.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents