78
would be materially impossible, given the work carried out in the framework of
the mentioned Law.310
205. In its judgment of June 30, 2003, the Federal Judge of First Instance
noted that “[i]t is still not [appropriate to] discuss the loss of object of the
present action in regard to those that were contemplated in the proceeding of
Law [No.] 9.140/95,”311 given that “the administrative procedure established by
[this law] is not able to satisfy the pretension of the actors, because it deals with
a broad request that encompasses fundamental rights such as the right to the
truth, or to the protection of the family, or the right to offer those deceased, in
honor of tradition, a dignified eternal burial.”312 It added that the information
provided to date, “corroborates with the information provided in the orders by the
actors, supports their arguments and confirms their doubts. Various of them are
the testimonies of the existence of the Guerrilla and of the massacre of the
members of the Guerrilla, and there is no way of ignoring said reality.”313
206. As well, in the same judgment, the Judge highlighted that it is not
appropriate to deny the historical importance of the facts of the case and that
“[t]imes such as those, of […] systematic violation of fundamental rights, should
not be forgotten or ignored.” 314 It indicated that “the information [presented] by
the [Union] is the information that allows access of the authors to the bodily
remains of their family members” and that “[i]f the State apparatus acts in a
manner that the violations of human rights remain in impunity and the victim is
not repaired (to the extent possible) in the full exercise of their rights, the State
violates the conventional obligation in the international forum.”315 It noted that
the facts which reference the Ordinary Action constitute “serious violations to
human rights” and, in applying the jurisprudence of this Court, it determined that
the truth of what occurred must be shared with the next of kin in a detailed
manner given that it is their right to know what really took place.316 As a
consequence of the foregoing, the Federal Judge of First Instance requested the
Union to lift the secrecy and present all information regarding the military
operations related to the Guerrilla.317
207. On August 27, 2003, the Federal State, by means of the Attorney
General’s Office, filed an appeal against the mentioned decision, wherein, inter
alia, it questioned the waiver of the secrecy of said information and reiterated
that the request of the petitioners was being attended to via Law No. 9.140/95.318
310
The Federal Judge of First Instance issued a judgment on March 15, 2000, wherein it rejected
a request by the Union made in its brief of April 9, 1999, and noted that “[given] the requirement of
said report […] the Authority did not attend to said order, arguing that the [documents] were already
in the hands of the [Attorney General of the Republic]. As such, the former Minister of the Army did
not deny the existence of said report, as was done by the [Union]”; based on this, it gave a period of
30 days to the Union to present a report. Cf. Decision of the Federal Judge of First Instance of March
15, 2000 (case file of annexes to the application, tome I, annex 19, folio 126).
311
Federal Judge of First Instance of June 30, 2003, supra note 267, folio 164.
312
Federal Judge of First Instance of June 30, 2003, supra note 267, folio 146.
313
Federal Judge of First Instance of June 30, 2003, supra note 267, folio 144.
314
Federal Judge of First Instance of June 30, 2003, supra note 267, folio 144.
315
Federal Judge of First Instance of June 30, 2003, supra note 267, folios 145 and 149.
316
Cf. Federal Judge of First Instance of June 30, 2003, supra note 267, folios 152 and 162.
317
Cf. Federal Judge of First Instance of June 30, 2003, supra note 267, folio 178.
318
Cf. Partial appeal of August 27, 2003, supra note 268, folio 195.
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