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

Select target paragraph3