This post is a summary of three articles. The first was published at http://hrea.org/. And the title is above. The second was published at http://oglobo.globo.com/, on November, 9th 2013. With the title of, "Brasil responde a 361 denúncias por violação de direitos humanos." The third was published at http://tst.jus.br/, on November, 12th 2013. With the title of, " Colômbia reconhece violações de direitos humanos perante Corte Interamericana."
The Inter-American Court was established in 1978. It hosts seven judges who are each nominated and elected for six years terms. The court has its permanent seat in San Jose - Costa Rica. The court jurisdiction is limited. It may only hear cases where the state involved has: 1) Ratified the American convention on human rights. 2) Has a accepted the court jurisdiction. 3) The Inter-American Commission on human rights has completed its investigation. 4) The case was referred to the court either by the commission or the state involved in the case within three months of the release of the commission report.
An individual may not independently bring a case to be considered by the court in the event that the commission brings a case to the court of human rights, it notifies the original petitioner. At this point, the petitioner has the opportunity to request necessary measures, including precautions for witnesses and protection for evidence. If the court rules that a right has been violated, it will order that the situation be rectified. It may award compensation for the victim for actual damage, emotional harm and litigation costs. Almir Muniz da Silva had 40 years-old when disappeared in June of 2002, his tractor was founded with marks of gunshots. The day after his family did the record of occurrences. In April of 2009, his case was filed, and the relatives stayed without explanation. Unresigned NGO sended petitions to Inter-American Commission of Human Rights. This is one of the 361 complaints of human rights violations that contained against Brazil in this organism. In this statistic there are also situations of freedom of expression violations. The petitions are the first step of the proceeding in the ICHR, and as the cases are still in analysis they are confidential. O Globo founded some of them, because NGOs, like Global Justice and Conectas, supports some families in this endeavor. The complaint against the Brazilian state in the case of Almir was made in 2009, for violations of state`s agent and omission in investigations. Engaged in the struggle for land in Paraíba, Almir denounced to the state assembly about the formation of militias. The NGOs says that there is evidence the he was dead by a policeman. Besides cases about prison and police executions, there are petitions until against the construction of Belo Monte dam. All the petitions run along a path. First of all, the commission verified if the petition has all the requirements need for proceeding, like for example, if all appeals were depleted in the country of origin. If meet all criterias, the case begin to proceed. The ICHR, includes a Brazilian judge. The court will hold next week a extraordinary session in Brazil. It will be an attempt to approach to citizens and to show how the court works. In Brazil they will try a case from Colombia. In the ICHR, Brazil has four convictions. The last one, in the end of 2010, when the judges blamed Brazil for the disappearance of 62 people in the Araguaia guerrilla in the 1970s years, during the military dictatorship. The court also defend judicial punishments for abuses committed in that time. Also in 2010, the STF confirmed the amnesty law prevents proceeding against violations from that time.
In public hearing of ICHR hold in Brasilia, Colombia recognized its partial responsability for human rights violations occurred in the operation of resumed of the courthouse, in 1985. The trial was hold in two days at TST, take part besides members of the court, members of the commission inter-American of human rights, members of Colombia government and relatives of the victims. The case is called Rodriguez Vera and others against the Colombia, the court analysed the disappearance of 13 people during military operation in the courthouse in Bogota. Colombia admited omissions for violations in many rights of the people disappeared. The lawyer of the government of Colombia read the statement of recognition of responsibility, and in the name of the Colombian state asked forgiveness to relatives of the victims. She said, "the wounds still did not heal and the state mourn their pain, we express our absolut respect for the victims and their relatives." For them, however, the recognition was partial and late and regard that after 28 years, the reparation can not be restricted to the compensation. The president of ICHR, judge Jesús Orozco, did caveats to the recognition that not reflect what really happened with the victims nor the true reach of the state international responsability of the government.
