44
118. Based on the aforementioned, the Court concludes that there is no
controversy regarding the facts of the enforced disappearance of the members of
the Guerrilha do Araguaia nor of the State’s responsibility in this regard.
Nevertheless, there is a discrepancy regarding the number of victims. The InterAmerican Commission affirmed that there were 70 persons of the Guerrilla whom
were victim to enforced disappearance, while the representatives indicated 69
victims.153 On its behalf, the State, via Law No. 9.140/95, recognized its
responsibility for the disappearance of 60 alleged victims in the present case,154
and subsequently, in the Report of the Special Commission on Political Deaths
and Disappearances of Persons, also recognized as victims, among others, Mr.
Antônio Ferreira Pinto and Mr. Pedro Matias de Oliveira (also known as Pedro
Carretel),155 who are known as alleged victims in this case. As a consequence, the
number of persons recognized domestically as disappeared victims of the
Guerrilha do Araguia by Brazil rose to 62 of the 70 persons indicated by the
Commission as victims of enforced disappearance before this Court.
119. To the contrary, there are eight persons indicated as alleged victims of
enforced disappearance by the Inter-American Commission whom were not
recognized domestically by the State as disappeared persons, nor were they
recognized in Law No. 9.140/95, nor by the Special Commission. Said persons
were peasants of the region of Araguaia and were identified as “Batista,”
“Gabriel,” “Joaquinzão,” José de Oliveira, Josias Gonçalves de Sousa, Juarez
Rodriguez Coelho, Sabino Alves da Silva, and “Sandoval.”
120. The Court recalls that Law No. 9.140/95 established a procedure for the
next of kin to request recognition and the consequential compensation, from the
Special Commission, regarding their disappeared or deceased next of kin during
the military dictatorship.156 Regarding the eight abovementioned peasants, during
its fifteen years of operation, the Special Commission received only one request
for recognition of responsibility in regard to “Joaquinzão” (or Joaquim de Sousa).
On May 31, 2005, the Special Commission denied this request, among other
reasons, given doubts it had regarding the identity of the alleged victim.157 On
the other hand, there was not a request made by the next of kin of the other
abovementioned peasants for recognition before the Special Commission.
Therefore, the Special Commission did not rule on the nature of the victims nor
did it include them in the list of disappeared persons of the Guerrilha do
Araguaia.158 Neither the Inter-American Commission nor the representatives
provided evidence of them. The Court does not count on information regarding
the existence or identity of the next of kin of these alleged victims. Based on the
aforementioned, the Inter-American Court does not have sufficient evidentiary
153
The representatives did not consider Mr. Josias Gonçalves de Souza as an alleged victim of
enforced disappearance in the present case.
154
The State also recognized its responsibility for the enforced disappearance of Mrs. Maria Lúcia
Petit da Silva, whose bodily remains were identified subsequent to said acknowledgment. In this
sense, Mrs. Petit da Silva is not considered disappeared but rather executed extrajudicially (supra
note 148). Cf. Law No. 9.140/95, Annex I, supra note 87, folios 5 to 15.
155
Cf. Right to Memory and Truth, supra note 67, folio 785.
156
Cf. Law No. 9.140/95, supra note 87, Article 7.
157
Cf. Right to Memory and Truth, supra note 67, folio 5830. In its final written arguments, the
State reported that the case of “Joaquinzão” before the Special Commission was reopened in 2009
and is newly under analysis. In the case that he is recognized as a disapeared person, compensation
would be provided for his next of kin (case file on the merits, tome IX, folio 8632).
158
Cf. Right to Memory and Truth, supra note 67, folios 5821, 5822, 5828, 5833 and 5834.
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents