Araguaia Guerrilla War
The Araguaia guerrilla () was an armed movement in Brazil against its military government, active between 1967 and 1974 in the Araguaia river basin. It was founded by militants of the Communist Party of Brazil (PC do B), the then Maoist counterpart to the Brazilian Communist Party (PCB), which aimed at establishing a rural stronghold from whence to wage a "people's war" against the Brazilian military dictatorship, which had been in power since the 1964 coup d'état. Its projected 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. Outset. The idea of setting up a focus of rural guerrilla that could function as a pole of attraction for all elements dissatisfied with the Brazilian military dictatorship in order to compensate for the smashing of urban opposition movements had been long nurtured among the Brazilian Left since 1964, but it was left to the PCdoB to be the only political organization that actually tried to build up such a focus. 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"). The region was chosen because it consisted of a hotspot of tension between peasants and developers (miners  and public works contractors) attracted by the investment opportunities offered by the recent discovery of the nearby Carajás iron ore mine. The guerrillas hoped to gain support of such tensions by siding with the peasants. It is estimated that the movement was composed of about 80 guerrillas. Of these, fewer than twenty survived - among them José Genoino, later president of the Workers' Party, who was arrested by the Army in 1972 during the first stage of military operations. The vast majority of combatants, primarily composed of former college students and self-employed workers, were 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 were acknowledged as dead, remaining in the status of persons who had disappeared for political reasons. Currently 60 of the combatants are still considered "desaparecidos". Summary of military operations. The military intervention by the then military dictatorship to eliminate the guerrillas focus in the region, "the Araguaia guerrilla" can be divided into 4 phases: 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, 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 vote of 7 to 2, to uphold the 1979 Amnesty law, which prevents the trial of those accused of extrajudicial killings and torture during the military regime.