72 9, 2007, this decision became final.272 In May of 2008, the brief was resent to the First Federal Court to initiate the execution of the judgment, which was ordered on March 12, 2009.273 192. So as to comply with the judgment ordered in the framework of the Ordinary Action, the State established, in April 2009, the Tocantins Working Group (supra para. 100). Regarding the documents on the Guerrilla, in July 2009, the Attorney General of the Union presented before the Ordinary Action proceeding various documents, among others, the report drafted by the Ministry of Defense “Informaciones sobre la Guerrilha do Araguaia” [Information on the Guerrilha do Araguaia], of 21,000 pages of documents and archives of the former National Information Services which was under the custody of the National Archive and that consist of documents which pertain to the three secret services of the Armed Forces. As such, the State, in the Ordinary Action, offered information gathered by various organs of the State in distinct periods, that of which, it noted, constitutes all of the documentation available from the Union regarding the military operations, particularly in what regards the armed conflicts, the capture and detention of civilians, the recognition of bodies, and the identification of members of the Guerrilla.274 The mentioned report of the Ministry of Defense indicates that since the end of 2003, in what regards the Armed Forces, specific investigation procedures were initiated in order to obtain information on the combat used against the Guerrilla and on the possible localization of the bodily remains of the disappeared persons.275 2. Other judicial procedures 193. By means of a request of the next of kin,276 in 2001, the Offices of the Prosecutor General’s of the Republic in the states of Pará, São Paulo, and of the Federal District, initiated public civil investigations No. 1/2001, 3/2001, and 5/2001, respectively, in order to gather information on the Guerrilha do Araguaia. The prosecutors elaborated, in January of 2002, a “Partial Report on the Investigation of the Guerrilha do Araguaia.”277 As a consequence of said 272 Cf. Certificate of the Superior Tribunal of Justice of October 9, 2007 (case file of annexes to the brief of pleadings and motions, tome I, annex 21, folio 4076). 273 Cf. Procedure 2003.01.00.041033-5. Available http://www.trf1.jus.br/Processos/ProcessosTRF/; last visited on October 8, 2010. at: 274 Cf. Brief of the Attorney General of the Union submitted to the First Federal Court on July 10, 2009 (case file on the merits, tome VI, folios 3218 a 3251). The Court notes that Mr. Antunes da Silva, in his expert report, indicated that “[o]n December 4, 2008, 21,319 pages of documents were delivered to the First Federal Court, of the body of evidence of the extinct National Information Service.” Nevertheless, in the Report on the Guerrilha do Araguaia elaborated by the Ministry of Defense and submitted to the proceeding of the Ordinary Action in July of 2009, it states that on December 15, 2008, “[the] Subcheif of Legal Matters of the Civil House [submitted] to the Ministry of Defense […] copies of the record under the custody of the National Archive, in a total of approximately 20,000 […] pages, as part of the compliance of the judgment issued in Action 82.00.24682-5.” Likewise, of the body of evidence it is evident that the execution of the Judgment of the Ordinary Action was ordered on March 12, 2009. Given the stated, the Court cannot hold that the evidence provided in the case file if more than 20,000 pages were submitted in the proceedings of the Ordinary Action prior to formal delivery on July 10, 2009. Cf. Expert report by Mr. Jaime Antunes da Silva before a public notary (case file on the merits, tome IV, folios 1430 a 1433), and Ministry of Defense. Information on the Guerrilha do Araguaia, supra note 81, folios 3443 and 3454. 275 Cf. Ministry of Defense. Information on the Guerrilha do Araguaia, supra note 81, folio 3481. 276 Cf. Statement of Mr. Marlon Alberto Weichert rendered at the public hearing on May 20, 2010. 277 Cf. Federal Public Prosecutor’s Office. Partial Report of the Investigation on the Guerrilha do Araguaia. Investigation Nos. 1/2001 – Pará, 3/2001 – São Paulo, and 5/2001 – Federal District, of January 28, 2002 (case file of annexes to the application, tome I, annex 26, folios 283 to 308).

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