2 INDEX Chapter Paragraph I. INTRODUCTION TO THE CASE AND PURPOSE OF THE DISPUTE 1 II. PROCEEDINGS BEFORE THE COURT 6 III. PRELIMINARY OBJECTIONS A. Lack of jurisdiction ratione temporis B. Lack of legal interest in the proceeding C. Lack of exhaustion of domestic remedies D. Rule of fourth instance and failure to exhaust regarding the Non-compliance of the Fundamental Principle 10 12 20 32 IV. JURISDICTION 50 V. EVIDENCE A. Documentary, testimonial, and expert evidence B. Admissibility of the documentary evidence C. Admissibility of the declarations of the alleged victims, and the testimonial and expert evidence 51 52 54 VI. PRELIMINARY CONSIDERATIONS REGARDING THE NOTED NEXT OF KIN AS ALLEGED VICTIMS VII. RIGHT TO RECOGNITION OF JURIDICAL PERSONALITY, TO LIFE, TO PERSONAL INTEGRITY AND TO PERSONAL LIBERTY A. Arguments of the parties B. Facts related to the enforced disappearances C. Enforced disappearance as a multiple and continued violation of human rights and the obligation to respect and guarantee rights D. Enforced disappearance of the members of the Guerrilha do Araguaia VIII. A. B. C. D. IX. TO A A. B. C. D. E. F. RIGHT TO A FAIR TRIAL AND JUDICIAL PROTECTION Arguments of the parties Facts related to the Amnesty Law Obligation to investigate, and where necessary, punish serious human rights violations in international law Non-compatibility of the amnesties related to serious human rights violations with international law RIGHT TO FREEDOM OF THOUGHT AND EXPRESSION, FAIR TRIAL, AND TO JUDICIAL PROTECTION Arguments of the parties Facts related to access to information 187 Right to freedom of thought and expression Legal proceedings and access to information Duration of the Ordinary Action Normative framework 43 67 77 81 82 85 101 112 126 127 134 137 147 183 184 196 203 219 226 X. A. B. RIGHT TO PERSONAL INTEGRITY Arguments of the parties Considerations of the Court 232 232 235 XI. A. B. REPARATIONS Injured party Obligation to investigate the facts, prosecute, and where necessary, punish those responsible and to determine the whereabouts of the victims Other measures of rehabilitation, satisfaction, and guarantees of non-repetition Compensation, costs, and expenses 245 251 C. D. XII. OPERATIVE PARAGRAPHS 325 OPINION BY THE AD HOC JUDGE 253 264 298