and assess the documentary probative elements forwarded by the parties and the
Commission, the statements and the expert opinions, when establishing the facts of the case
and ruling on the merits. To this end, it will abide by the principles of sound judicial discretion
within the corresponding legal framework, taking into account the whole body of evidence and
the arguments that have been presented during the case. 47
VI
PROVEN FACTS
106. Following an analysis of the probative elements, the statements of witnesses and
expert witnesses, as well as the arguments of the Inter-American Commission, the
representatives and the State, the Court considers proved the facts described below that were
not contested by the State at any time during the proceedings. In addition, the facts described
below that occurred prior to the date on which Brazil accepted the Court’s jurisdiction
(December 10, 1998) serve as background information to contextualize what happened after
that date.
A.
Historical context
107. As the Court indicated in its judgment in the case of Gomes Lund et al. (Guerrilha do
Araguaia) v. Brazil: 48
85.
In April 1964, a military coup overthrew the government of President João Goulart.
The military regime was established on the basis of the national security doctrine and the
issue of successive “national security laws” and regulations during a state of emergency,
such as the institutional acts, “that served as the supposed legal framework to provide
juridical support to the increasing repression.” This period was characterized by “the
installation of a repressive apparatus that took on characteristics of a truly powerful nature
parallel to that of the State,” reaching its “peak” with the issue of Institutional Act No. 5,
in December 1968. Among other acts of repression during that period, the National
Congress was closed, there was complete press censure, and individual and political rights,
freedom of expression, freedom of association, and the guarantee of habeus corpus were
suspended. Also, the scope of the military justice system was extended and a National
Security Law introduced life imprisonment and the death penalty, among other measures.
86.
Between 1969 and 1974, a “devastating attack was mounted on the armed
opposition groups.” The mandate of President Médici (1969-1974) represented “the most
extreme phase of the repression during the 21 years of the military regime” in Brazil.
Subsequently, “during the first three years of the [Government of President] Geisel [19741979], the disappearance of political prisoners, which initially represented only a fraction
of the deaths that occurred, became the predominant pattern so as not to reveal the
contradiction between the discourse on an opening-up and the systematic repetition of the
regular fake official reports of assaults, escape attempts, and false suicides.” Thus, as of
1974 “there were no more deaths in the prisons, all of the political detainees who died had
‘disappeared,’ [and] thereafter the regime did not admit to the murder of its opponents.”
87.
According to the Special Commission, almost 50,000 people were detained just in
the first few months of the dictatorship; around 20,000 prisoners were subjected to
torture; there were 354 politically-motivated deaths and disappearances; 130 people were
expelled from the country; the mandates and political rights of 4,862 people were
suspended, and hundreds of rural workers were murdered. The Special Commission noted
47
Cf. Case of the “White Van” (Paniagua Morales et al.) v. Guatemala. Merits, para. 76, and Case of Andrade Salmón v.
Bolivia. Merits, reparations and costs. Judgment of December 1, 2015, Series C No 330, para. 22.
Case of Gomes Lund et al. ("Guerrilha do Araguaia") v. Brazil. Preliminary objections, merits, reparations and costs.
Judgment of November 24, 2010. Series C No. 219, paras. 85 and ff.
48
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