Araguaia guerrilla
Encyclopedia
The Araguaia guerrilla was an armed movement in Brazil against its military government
, active between 1966-1974 in the Araguaia river
banks. It was founded by militants of the PC do B, an armed dissidence of the Brazilian Communist Party
, which aimed at a communist revolution
in the rural areas of the country in order to overthrow the Brazilian military government, which had been in power since the 1964 coup d'état. Its activities were based on the successful experiences led by the 26th of July Movement
in the Cuban Revolution
and by the Communist Party of China
during the Chinese Civil War
. Some members of the guerrilla were trained in Cuba and received financial aid from Fidel Castro, the dictator of Cuba, to go back to Brazil in order to spread communism, moving the guerrilla forces, gradually, from rural areas to urban ones.
The guerrilla was countered by the Brazilian Army
from 1972, when several of its members had already been established in the region for at least six years. The stage of combat operations between the guerrillas and the Army took place in the border of the states of Goiás
, Pará
and Maranhão
. The movement's name came from the fact that its fighters were established on the banks of the Araguaia river, near the towns of São Geraldo, Pará
and Xambioá
, in northern Goiás (currently located in northern Tocantins
, at a region popularly known as Bico do Papagaio Parrot's Beak).
It is estimated that the movement, which sought to overthrow the military government by fomenting an uprising of the population, first rural and then urban and subsequently install a communist government
in Brazil, was composed of about 80 guerrillas and of these, fewer than twenty survived - among them José Genoino
, former president of the Workers' Party
, which was arrested by the Army in 1972, still in the first stage of military operations. The vast majority of combatants, primarily composed of former college students and self-employed workers, was killed in battle in the jungle or executed after arrest and torture during the final stages of military operations in 1973 and 1974. However, none of the individuals was acknowledged as dead, remaining in the status of persons who had disappeared for political reasons. Nowadays 60 of the combatants are still considered desaparecido
s.
Unknown to the rest of the country's population at the time it occurred, protected by a curtain of silence and censorship, the details about the Araguaia guerrilla only began to appear some twenty years after it was terminated by the Armed Forces, during the redemocratization period.
The plaintiffs appealed the decision to dismiss the case and, on August 17, 1993, obtained a ruling from the Federal Court of Appeals, which reversed the decision of the lower court, and returned the case to the same judge for finding of fact and a ruling on the merits. On March 24, 1994, the Federal Government filed requests for clarification against the Federal Court's ruling. The appeal was not heard by the Court, based on a unanimous decision of the Court of Appeals itself on March 12, 1996. The Government lodged a special appeal against this decision, which was also ruled inadmissible by the Court of Appeals.
On March 6, 2001, the plaintiffs appealed to the Inter-American Commission on Human Rights
, which decided to declare the Araguaia guerrilla case admissible with regard to alleged violations of the American Declaration and the American Convention. On May 20–21, 2010, the case was heard at the Inter-American Court of Human Rights
. On December 14, 2010, the Court ruled that Brazil has broken the American Convention on Human Rights
by using its Amnesty law as a pretext for not punishing human rights violators of the military regime.
On April 29, the Supreme Federal Court decided, by a score of 7-2, to uphold the 1979 Amnesty law, which prevents the trial of those accused of extrajudicial killings, torture and rape during the military regime. According to University of São Paulo
professor Fábio Konder Comparato
, author of the Order of Attorneys of Brazil
's plea against the Amnesty law in the Supreme Federal Court, the May 20 hearing at the Inter-American Court of Human Rights might cost Brazil its coveted seat at the United Nations Security Council
.
official website
Military government
Military government can refer to conditions under either Military occupation, or Military dictatorship.-Military Government:Military government is the form of administration by which an occupying power exercises governmental authority over occupied territory.The Hague Conventions of 1907 specify...
, active between 1966-1974 in the Araguaia river
Araguaia River
The Araguaia River or, in Portuguese, Rio Araguaia is one of the major rivers of Brazil, and the principal tributary of the Tocantins. It has a total length of approximately 2,627 km. Araguaia means "river of macaws" in the Tupi language....
banks. It was founded by militants of the PC do B, an armed dissidence of the Brazilian Communist Party
Brazilian Communist Party
Brazilian Communist Party is the oldest political party still active in Brazil, founded in 1922, and one of the only Brazilian parties with a Stalinist orientation...
, which aimed at a communist revolution
Communist revolution
A communist revolution is a proletarian revolution inspired by the ideas of Marxism that aims to replace capitalism with communism, typically with socialism as an intermediate stage...
in the rural areas of the country in order to overthrow the Brazilian military government, which had been in power since the 1964 coup d'état. Its activities were based on the successful experiences led by the 26th of July Movement
26th of July Movement
The 26th of July Movement was the revolutionary organization planned and led by Fidel Castro that in 1959 overthrew the Fulgencio Batista government in Cuba...
in the Cuban Revolution
Cuban Revolution
The Cuban Revolution was an armed revolt by Fidel Castro's 26th of July Movement against the regime of Cuban dictator Fulgencio Batista between 1953 and 1959. Batista was finally ousted on 1 January 1959, and was replaced by a revolutionary government led by Castro...
and by the Communist Party of China
Communist Party of China
The Communist Party of China , also known as the Chinese Communist Party , is the founding and ruling political party of the People's Republic of China...
during the Chinese Civil War
Chinese Civil War
The Chinese Civil War was a civil war fought between the Kuomintang , the governing party of the Republic of China, and the Communist Party of China , for the control of China which eventually led to China's division into two Chinas, Republic of China and People's Republic of...
. Some members of the guerrilla were trained in Cuba and received financial aid from Fidel Castro, the dictator of Cuba, to go back to Brazil in order to spread communism, moving the guerrilla forces, gradually, from rural areas to urban ones.
The guerrilla was countered by the Brazilian Army
Brazilian Army
The Brazilian Army is the land arm of the Brazilian Military. The Brazilian Army has fought in several international conflicts, mostly in South America and during the 19th century, such as the Brazilian War of Independence , Argentina-Brazil War , War of the Farrapos , Platine War , Uruguayan War ...
from 1972, when several of its members had already been established in the region for at least six years. The stage of combat operations between the guerrillas and the Army took place in the border of the states of Goiás
Goiás
Goiás is a state of Brazil, located in the central part of the country. The name Goiás comes from the name of an indigenous community...
, Pará
Pará
Pará is a state in the north of Brazil. It borders the Brazilian states of Amapá, Maranhão, Tocantins, Mato Grosso, Amazonas and Roraima. To the northwest it also borders Guyana and Suriname, and to the northeast it borders the Atlantic Ocean. The capital is Belém.Pará is the most populous state...
and Maranhão
Maranhão
Maranhão is a northeastern state of Brazil. To the north lies the Atlantic Ocean. Maranhão is neighbored by the states of Piauí, Tocantins and Pará. The people of Maranhão have a distinctive accent...
. The movement's name came from the fact that its fighters were established on the banks of the Araguaia river, near the towns of São Geraldo, Pará
São Geraldo do Araguaia
São Geraldo do Araguaia is a town and municipality in the state of Pará in the Northern region of Brazil.-References:...
and Xambioá
Xambioá
The Xambioá, also called the Karajá do Norte, Ixybiowa, or Iraru Mahãndu, are an indigenous people who live in Tocantins, Brazil. The size of the present-day population does not reflect what it had been up to the end of the 19th Century, when the Karajá do Norte numbered some 1,350 individuals...
, in northern Goiás (currently located in northern Tocantins
Tocantins
Tocantins may refer to:* Tocantins, a state in Brazil* Tocantins River, a river in Brazil* Survivor: Tocantins, a reality show set in Tocantins, Brazil* Tocantins Esporte Clube, a Brazilian football club...
, at a region popularly known as Bico do Papagaio Parrot's Beak).
It is estimated that the movement, which sought to overthrow the military government by fomenting an uprising of the population, first rural and then urban and subsequently install a communist government
Communist government
A communist government can refer to:* The government of a one-party communist state* The communist government of a multi-party state...
in Brazil, was composed of about 80 guerrillas and of these, fewer than twenty survived - among them José Genoino
José Genoíno
José Genoino Guimarães Neto is a Brazilian politician.Born in Quixeramobim in the state of Ceará, he fought as a guerrilla in one of the movements against the Brazilian military leaders Emílio Garrastazu Médici and Ernesto Geisel who ruled Brazil in the seventies...
, former president of the Workers' Party
Workers' Party (Brazil)
The Workers' Party is a democratic socialist political party in Brazil. Launched in 1980, it is recognized as one of the largest and most important left-wing movements of Latin America. It governs at the federal level in a coalition government with several other parties since January 1, 2003...
, which was arrested by the Army in 1972, still in the first stage of military operations. The vast majority of combatants, primarily composed of former college students and self-employed workers, was killed in battle in the jungle or executed after arrest and torture during the final stages of military operations in 1973 and 1974. However, none of the individuals was acknowledged as dead, remaining in the status of persons who had disappeared for political reasons. Nowadays 60 of the combatants are still considered desaparecido
Forced disappearance
In international human rights law, a forced disappearance occurs when a person is secretly abducted or imprisoned by a state or political organization or by a third party with the authorization, support, or acquiescence of a state or political organization, followed by a refusal to acknowledge the...
s.
Unknown to the rest of the country's population at the time it occurred, protected by a curtain of silence and censorship, the details about the Araguaia guerrilla only began to appear some twenty years after it was terminated by the Armed Forces, during the redemocratization period.
Aftermath
When democracy was being restored, in 1982, family members of 22 of the disappeared persons brought proceedings in the Federal Court of Rio de Janeiro, asking for the whereabouts of the disappeared persons to be established and their remains located so that they could be given a decent burial and their death certificates could be registered. At first, the national courts processed the case in the usual way, requesting documents from Executive Branch officials, and summonsing witnesses. However, on March 27, 1989, after the judge responsible for the case was replaced, the Araguaia guerrilla case was dismissed without ruling on the merits, on the grounds that it was legally and physically impossible to comply with the request. Similarly, the judge considered that what the plaintiffs were requesting was covered by the Amnesty law and did not require a judicial action.The plaintiffs appealed the decision to dismiss the case and, on August 17, 1993, obtained a ruling from the Federal Court of Appeals, which reversed the decision of the lower court, and returned the case to the same judge for finding of fact and a ruling on the merits. On March 24, 1994, the Federal Government filed requests for clarification against the Federal Court's ruling. The appeal was not heard by the Court, based on a unanimous decision of the Court of Appeals itself on March 12, 1996. The Government lodged a special appeal against this decision, which was also ruled inadmissible by the Court of Appeals.
On March 6, 2001, the plaintiffs appealed to the Inter-American Commission on Human Rights
Inter-American Commission on Human Rights
The Inter-American Commission on Human Rights is an autonomous organ of the Organization of American States .Along with the...
, which decided to declare the Araguaia guerrilla case admissible with regard to alleged violations of the American Declaration and the American Convention. On May 20–21, 2010, the case was heard at the Inter-American Court of Human Rights
Inter-American Court of Human Rights
The Inter-American Court of Human Rights is an autonomous judicial institution based in the city of San José, Costa Rica. Together with the Inter-American Commission on Human Rights, it makes up the human rights protection system of the Organization of American States , which serves to uphold and...
. On December 14, 2010, the Court ruled that Brazil has broken the American Convention on Human Rights
American Convention on Human Rights
The American Convention on Human Rights is an international human rights instrument.It was adopted by the nations of the Americas meeting in San José, Costa Rica, in 22 November 1969...
by using its Amnesty law as a pretext for not punishing human rights violators of the military regime.
On April 29, the Supreme Federal Court decided, by a score of 7-2, to uphold the 1979 Amnesty law, which prevents the trial of those accused of extrajudicial killings, torture and rape during the military regime. According to University of São Paulo
University of São Paulo
Universidade de São Paulo is a public university in the Brazilian state of São Paulo. It is the largest Brazilian university and one of the country's most prestigious...
professor Fábio Konder Comparato
Fábio Konder Comparato
Fábio Konder Comparato is a Brazilian lawyer, jurist and writer. He is a retired full professor of Commercial Law and Philosophy of Law at University of São Paulo. He holds a doctor's degree from University of Paris and an honorary doctorate from University of Coimbra.-References:...
, author of the Order of Attorneys of Brazil
Order of Attorneys of Brazil
The Order of Attorneys of Brazil is the Brazilian Bar association, founded in 1930. It is an organization of lawyers and responsible for the regulation of the legal profession in the country. Its national headquarters are in Brasília, Federal District...
's plea against the Amnesty law in the Supreme Federal Court, the May 20 hearing at the Inter-American Court of Human Rights might cost Brazil its coveted seat at the United Nations Security Council
United Nations Security Council
The United Nations Security Council is one of the principal organs of the United Nations and is charged with the maintenance of international peace and security. Its powers, outlined in the United Nations Charter, include the establishment of peacekeeping operations, the establishment of...
.
External links
The Araguaia guerrilla case at Inter-American Commission on Human RightsInter-American Commission on Human Rights
The Inter-American Commission on Human Rights is an autonomous organ of the Organization of American States .Along with the...
official website