35
93.
Law No. 9.140/95 also determined the possibility to grant a pecuniary
remedy to the next of kin of the deceased and politically disappeared, conceded
in jurisdiction of the Special Commission.92 As of issuance of this Judgment, the
State informed that it has compensated the next of kin of 58 disappeared persons
of the Guerrilha do Araguaia indicated as alleged victims in the present case, for
a total of R$ 6,531,345.00 (equivalent to six million, five hundred and thirty one
thousand, three hundred and forty five reales, equivalent to US$ 3,772,000.00
(three million, seven hundred and seventy-two thousand dollars of the United
States of America).93
4. Search and identification of the bodily remains
94.
Between 1980 and 2006 thirteen expeditions were made to the region of
Araguaia by the next of kin of the victims, the Special Commission, the
Interministerial Commission, and the Public Prosecutor’s Office, among others.
i.
Searches carried out by the next of kin
95.
In October 1980, April 1991, and January 1993, the next of kin of the
alleged victims carried out campaigns in search of information and the bodily
remains of their next kin, wherein they gathered the testimony of the inhabitants
of the region and found evidence of the bodies buried in clandestine cemeteries.94
In April 1991, with the support of the Justice and Peace Commission of the
Archdiocese of São Paulo, the next of kin carried out excavations of the Xambioá
cemetery, where they found three bodily remains of which two were exhumed, “a
woman, wrapped in a parachute, and a man of elderly age.”95 Of these bodies
found in 1991, the bodily remains of Maria Lucia Petit da Silva and Bérgson
Gurjão Farias were identified in 199696 and 200997, respectively. On the other
hand, a family member of Mr. Lourival Moura Paulino reported that his body was
identified in the cemetery of Marabá in 2008.
92
Cf. Law No. 9.140/95, Articles 10 to 12, supra note 87, folio 5568.
93
Messers. Helio Luiz Navarro de Magalhães and Pedro Alexandrino de Oliveira Filho were
recognized as victims of enforced disappearance by the Law No. 9.140/95, but their next of kin, in
their request to the Special Commisison, did not request compensation. On the other hand, the next
of kin of Messers. Francisco Manoel Chaves and Pedro Matías de Oliveira (Pedro Carretel) did not
submit requests to the Special Commission. Cf. Compensation paid to next of kin of deceased and
politically disappeared persons of the Guerrilha do Araguaia [Indemnizaciones pagadas a familiares de
muertos o desaparecidos políticos de la Guerrilha do Araguaia] (annexes of the final written
arguments of the State, tome I, annex 19, folios 9110 to 9115).
94
Cf. Right to Memory and Truth, supra note 67, folio 5763; statement rendered by Mrs.
Schmidt de Almeida during the public hearing held on May 20, 2010, and Report on the trips to the
site where the Guerrilha do Araguaia occured and history of the bodily remains found [Informe de
viajes al sitio donde ocurrió la Guerrilha do Araguaia y histórico de los restos mortales encontrados]
(brief of annexes to the answer to the application, tome III, annex 20, folios 6381 a 6386).
95
Cf. Right to Memory and Truth, supra note 67, folio 5763, and statement rendered by Mrs.
Schmidt de Almeida, supra note 94. The bodily remains of the third person were exhumed in 1996,
during the search carried out by the Special Commission, supra note 94.
96
Cf. Right to Memory and Truth, supra note 67, folio 5763, and statement rendered by Mrs.
Schmidt de Almeida, supra note 94. Regarding the identification of Mrs. Maria Lúcia Petit da Silva, Cf.
The statement rendered by Mrs. Laura Petit da Silva during the public hearing held on May 20, 2010.
97
The bodily remains of Bérgson Gurjão Farias were identified on July 7, 2009 after the most
advanced DNA analysis was carried out. Cf. Trip Report, supra note 94, folio 6385.
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