97
activities are also followed by the judicial authorities, and it relies on the
participation of the Federal Public Prosecutor’s Office. Furthermore, it noted that
a team for interviews and the contextualization of facts was also created,
comprised exclusively of civilians, to interview the local population and collect
new data on the burial locations. On the other hand, Brazil reported that in 2006
a bank of DNA samples of the next of kin of the victims was created to facilitate
the identification of the bodily remains found, which has to date collected
samples from 142 family members of 108 politically disappeared persons. While
it has used the technology and available resources for identification of the bodily
remains, in some cases the results were inconclusive due to poor conditions of
the remains found and to the deficient technology available at the time they
were found, but it continues laboring to identify all the bodies found, using new
techniques and the help of different institutions.
261. This Court has established that the right to next of kin of the victims to
identify the whereabouts of the disappeared persons, and where applicable, to
know the location of their bodily remains is a measure of reparation, and as such
creates the corresponding obligation of the State to satisfy said expectation.377
Receiving the bodies of the disappeared persons is of utmost importance for the
next of kin, given that it permits them to provide for a burial pursuant to their
beliefs, as well as to close the grieving process they have been living all these
years. In addition, the Court considered that the location where the bodily
remains are found can be a valuable place to obtain information regarding the
perpetrators of the violations or the institutions to which they belong.378
262. The Court positively values that Brazil has adopted measures to progress
in the search for the victims of the Guerrilha do Araguaia. In this sense, it is
necessary that the State carry out all the possible efforts to determine, in the
briefest period possible, the whereabouts of the disappeared persons. The Court
highlights that the next of kin have been anticipating this information for more
than 30 years. Where appropriate, the bodily remains of the disappeared
persons, previously identified, should be delivered to the next of kin as soon as
possible and at no cost to them, in order for a proper burial to be carried out
pursuant to their beliefs. Furthermore, the State should cover the funeral costs
in agreement with the next of kin.379 Also, the Court notes the creation of the
Tocantins Working Group to effectuate the search for the disappeared persons in
the framework of the Ordinary Action, and it also notes that the Working Group
should count on the participation of the Federal Public Prosecutor’s Office.
263. The Court notes that the search for the bodily remains was ordered in the
framework of Ordinary Action No. 82.00.24682-5 and, therefore, is under the
supervision of the judge that rendered said measure, and to whom the
information obtained must be submitted.380 In this sense, the Court considers
that the searches carried out for the disappeared victims on behalf of the State,
be it by the Tocantins Working Group, or any other subsequent or
complimentary actions that are necessary for locating and identifying the
377
Cf. Case of Neira Alegría et al. v. Perú. Reparations and Costs. Judgment of September 19,
1996. Series C No. 29, para. 69; Case of Chitay Nech et al., supra note 25, para. 240, and Case of
Ibsen Cárdenas and Ibsen Peña, supra note 24, para. 214.
378
Cf. Case of the Dos Erres Massacre v. Guatemala, supra note 186, para. 245.
379
Cf. Case of La Cantuta, supra note 160, para. 232; Case of Chitay Nech et al., supra note 25,
para. 241, and Case of Ibsen Cárdenas and Ibsen Peña, supra note 24, para. 242.
380
Cf. Case of Gomes Lund et al. (Guerrilha do Araguaia). Request for Provisional Measures
regarding Brazil. Order of July 15, 2009, Considering clause 10.
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