94
considered beneficiaries of the reparations ordered by this Court. Lastly, also
considered injured party are those persons who were deceased as of December
10, 1998, determined pursuant to that established in the present Judgment
(supra paras. 181, 213, 225, and 244).
252. Notwithstanding the abovementioned, the Court recalls that it has set a
period of 24 months as of notification of this Judgment, for those interested to
present irrefutable evidence, in conformity with the legislation and domestic
procedures, regarding “Batista,” “Gabriel,” “Joaquinzão,” José de Oliveira, Josias
Gonçalves de Souza, Juarez Rodrigues Coelho, Sabino Alves da Silva, and
“Sandoval,” so as to allow the State to identify them, and were applicable,
consider them victims in the terms set by Law No. 9.140/95 and the present
ruling, adopting the appropriate reparation measures in their favor.
B. Obligations to investigate the facts, prosecute, and where
necessary, punish those responsible and determine the
whereabouts of the victims
1. Obligation to investigate the facts, prosecute, and where necessary,
punish those responsible
253. The Commission requested that the Court orders the State to carry out, by
means of the civil [ordinary] law jurisdiction, a comprehensive, effective, and
impartial legal investigation of the enforced disappearances of the present case
and of the execution of Mrs. Petit da Silva, in accordance with legal due process,
in order to identify the intellectual and physical perpetrators of said violations and
to criminally punish them. To this end, the State must take into account that said
crimes are not bound by a statute of limitations and not subject to amnesties. As
such, Brazil must adopt all the necessary measures to assure that the Amnesty
Law and the secrecy laws do not continue representing an obstacle for the
criminal persecution of gross violations of human rights. In addition, it requested
the publication of said investigation in order for Brazilian society to be aware of
what occurred during this period of its history.
254. The representatives requested the Court to order Brazil to investigate the
facts, as well as to prosecute and punish all those responsible in a reasonable
period of time, and to order the State not to use provisions of its domestic law,
such as the statute of limitations, res judicata, non-retroactivity of criminal law,
and ne bis in idem, or any other exceptions to responsibility, to be exempt from
its obligation. The State must remove all the de facto and de iure obstacles that
maintain the impunity of the facts, such as those related to the Amnesty Law. In
addition, they requested that the Court orders the State to: a) judge all the
proceedings in relation with gross violations of human rights in the ordinary
justice system; b) allow all the next of kin of the victims full access and
legitimacy to act in all the procedural stages of the case, pursuant to domestic
laws and to the American Convention, and c) publicly and widely disclose the
results of the investigations for the knowledge of Brazilian society.
255. The State did not specifically address the investigation of the facts and
only noted that the analysis of the Amnesty Law cannot be separated from the
moment in which it was enacted nor from the foundations from which it is
established. On the other hand, it recalled that the decision of the Federal
Supreme Court in the Non-compliance Action of the Fundamental Principle 153
considered the Amnesty Law to be entirely legitimate in light of the new
constitutional legal system.
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