102
pursuant to Article 61 of its Political Constitution. In addition, the designation of
a commemorative date alluded to in the national forum will be joined with the
commemoration of the International Day of the Politically Disappeared Person on
August 30th of each year.
280. The Court notes that the reason for which a day distinct from the
International Day of the Politically Disappeared Person is necessary has not been
stated, nor has the reason why the commemorations related to the disappeared
persons of the Guerrilla do Araguaia cannot be celebrated on the same day.
Similarly, the eventual insufficiency of the measures of reparation adopted by
Brazil, requiring the construction of a memorial, has also not been founded. The
Court thus considers the issuance of the present Judgment, the measures
provided in it, and the various actions adopted by the State, as sufficient
measures of reparation. Based on the foregoing, the Court does not find it
necessary to order the additional measures of reparation indicated in the present
section.
3. Guarantees of non-repetition
i. Human rights education in the Armed Forces
281. The Commission requested the Court to order the State to implement, in
a reasonable period of time, education programs on human rights within the
Armed Forces, at all hierarchical levels, which should include the present case
and the regional and international human rights instruments, specifically those
related to enforced disappearance and torture.
282. The State expressed that as a consequence of its adherence to the
conventions of the United Nations, it began to invest in human rights education
for the Armed Forces. The “National Defense Strategy” expressly provides that
the educational institutions of the three Armed Forces will expand their subjects
for the military training programs in Constitutional Law and Human Rights. As
such, the Academy of the Air Force teaches “General Law,” which encompasses
the subject of human rights in what regards the analysis of constitutional
provisions regarding the fundamental rights and guarantees. In the Army, the
subject of “Law,” encompasses matters of constitutional law and human rights,
including international humanitarian law. In the Navy, the content on human
rights is handled under the subject matter of “Constitutional Law,” specifically in
the study of “fundamental rights and guarantees of man,” a subject that is also
provided in a broad manner under the subject of “International Humanitarian
Law.”
283. The Court positively values the information of Brazil on the training
programs for the Armed Forces. This Court considers it important to strengthen
the institutional capacities of the State via the training of the members of the
Armed Forces on the principles and norms of human rights protection and on the
limits to which they are subject.389 As such, the State must continue with the
actions carried out and implement, in a reasonable period of time, a program or
permanent and obligatory course on human rights, directed at all the
hierarchical levels of the Armed Forces. As part of this formation, the present
Judgment should be included, as well as the jurisprudence of the Inter-American
Court on enforced disappearances of persons, on other serious human rights
violations, and on the criminal military jurisdiction, in addition to the
389
Cf. Case of the Rochela Massacre v. Colombia, Merits, Reparations and Costs. Judgment of
May 11, 2007. Series C No. 163, para. 303; Case of Fernández Ortega et al., supra note 53, para.
262, and Case of Rosendo Cantú et al., supra note 45, para. 249.
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