7 Legislative Power, civilians and press. In this manner, the Federal Public Ministry presented a judicial questioning against the Ministry of Defense, requestion clarification on the actions of the Work Group. Likewise, on July 9, 2009, the Ministry of Defense rendered a statement before the Chamber of Representatives about the activities of said group, and vi) that the suspension of the activities of the Work Group might risk the compliance of the judgment rendered by the First Federal Court, which is favorable for the next of kin of the murdered and disappeared in the Guerrilha do Araguaia. * * * 10. That the Court confirms that the search and delivery of the mortal remains comes from a judicial decision through which the Federal State, the respondent in the case before the domestic venues, was ordered to adopt said measures. As a matter of fact, the judgment of June 30, 2003 of the First Federal Court, in the frame of Act No. 82.00.24682-5, “deemed appropiate the request to determine: […] 2. [to the] respondent that, in no later than 120 (one hundred and twenty) days, it will inform to this court where the bodies of the next of kin of the petitioners are, the ones murdered in the Guerrilha do Araguaia, and it shall proceed to the transfer of the mortal remains and burial in the place indicated by the [next of kin who requested the proceeding], providing also, the information necessary for the elaboration of the death certificates.”3 In attention to this, the Court confirms that the search for the mortal remains was ordered in the frame of a judicial process, therefore, it is under the supervision of the judge that ordered the measure, to whom all information must be delivered. 11. That, on the other hand, the Court appreciates the fact that changes have been made in regards to what originalle was set for the Work Group. The State informed that, according to Order 993/MD, published on the Oficial Gazette of the Union of July 13, 2009, the Order 567/MD was modified, setting that the responsibility of the Army Command will be “to coordinate the logisitics supporting work.” Likewise, according to Order 995/MD of July 13, 2009, the general coordination of said group was attributed to the Juridical Consultant of the Ministry of Defense. The Juridical Consultant is a member of the Attorney General’s Office of the Republic, which role is to colaborate with the Secretary of Defense, and to protect the legality of the ministry’s acts. Also, the State informed that in the integration of the Work Group are independent observers, among which there is a federal judge, and that the excavations, exhumation and identification of the mortal remains are in charge of civilian technicians. 12. That, aditionally, the State informed that an Inter-Institutional Supervision Commitee is being formed, integrated by representatives of civilians’ organizations and State bodies, such as the Special Secretariat of Human Rights of the Presidency, which, among others, will physically accompany and supervise in situ the activities of 3 Matter of Gomes Lund et al. v. Brazil. Judgment of the First Federal Court of the Judicial Section of the Distrito Federal of June 30, 2003, in the framewirk of Action No. 82.00.24682-5 (File of appendixes to the request, Tome I, Appendix 21, page 179).

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