37
the respective death certificates.106 The Interministerial Commission requested
the collaboration of the Armed Forces in order to establish “who had [been
deprived of life], where they had been buried, and how this had occurred.”107
Nevertheless, the Armed Forces argued that “they did not have at their disposal
any documentation related to that which had occurred in the Araguaia region
between 1972 and 1974” and they affirmed, “that all the documents related to
the repression carried out by the military regime against the [Guerrilha do
Araguaia] were destroyed in various periods based on the legislation in force.”108
The work of the Interministerial Commission ended in March 2007, after carrying
out three expeditions to the Araguaia region without finding any bodily
remains.109 These expeditions occurred twice in August 2004, and they counted
on the participation of experts from the Federal Police and the support of the
Armed Forces, and in another occasion in December 2006,110 with the support of
experts from the Federal Police.111 In its final Report issued on March 8, 2007,112
the Interministerial Commission, inter alia, recommended: a) the “declassification
all grade types of confidential documents related to [the episode of the Guerrilha
do Araguaia]”; b) the “revision of the legislation related to the issue of access and
confidential information and public documents;” c) new procedures in the search
for bodily remains in the region of Araguaia to be conducted by the Special
Commission; d) the creation of an administrative authority that is permanently
open by the Ministry of Defense to receive testimonies and documents on the
location of the bodily remains of the disappeared persons, and e) that “the Armed
Forces proceed […] to [a] formal ‘rigorous investigation’ for the construction of a
specific and detailed table of operations carried out [against the G]uerilla, calling
on and formally listening to the agents that are still alive to date.”
v. Genetic Bank and Tocantins Working Group
99.
As of September 2006, the State began the creation of a DNA Bank, in
attempts to collect samples of blood of all of the next of kin of the disappeared so
as to create a genetic profile of each of the disappeared persons.113 In total, “142
samples of blood of the [next of kin] have been collected of 108 politically
disappeared persons.”114
100. In 2009, via Order No. 567 of the Ministry of Defense, the State created
the Tocantins Working Group in order to coordinate and carry out the necessary
steps to locate, recognize, and identify the bodies of the members of the Guerrilla
106
Cf. Report of the Interministerial Commission created by Decree No. 4850 of October 2, 2003
(brief of annexes to the answer to the application, tome I, annex 1, folios 5529 to 5531). The
Interministerial Commission was formed by representatives of the Ministry of Justice, of the Civil
House, of the Ministry of Defense, of the Special Secretariat for Human Rights, and of the Office of the
Attorney General of the Union.
107
Report of the Interministerial Commission, supra note 106, folio 5531.
108
Report of the Interministerial Commission, supra note 106, folio 5531.
109
Cf. Report of the Interministerial Commission, supra note 106, folios 5527 to 5537.
110
Cf. Trip Report, supra note 94, folios 6382 and 6383.
111
Cf. Trip Report, supra note 94, folios 6384 and 6385.
112
Cf. Report of the Interministerial Commission, supra note 106, folios 5535 to 5537.
113
Cf. Right to Memory and Truth, supra note 67, folios 5611 and 5612, and Report of the
Interministerial Commission, supra note 106, folio 5534.
114
Final written arguments of the State, supra note 104, folio 4933.
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