Araguaia guerrilla

The Araguaia guerrilla (Guerrilha do Araguaia) was an armed movement in Brazil against its military dictatorship, active between 1966-1974 in the Araguaia river basin. It was founded by militants of the Communist Party of Brazil, the then Maoist counterpart to the Brazilian Communist Party, which aimed at establishing a rural stronghold from whence to wage a War of National Liberation 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 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 was composed of about 80 guerrillas. Of these, fewer than twenty survived - among them José Genoino, former 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, 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. Currently 60 of the combatants are still considered desaparecidos.

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 the movement was quashed by the Armed Forces, during the redemocratization period.

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:
 *  Operação Papagaio (Parrot Operation) - Apr./Oct. 1972; Conventional use of big regular military units in the first campaign against Araguaia guerrilla, ended with the departure of the troops due to the inefficiency of such approach.
 *  Operação Sucuri (Anaconda Operation) - Apr./Oct. 1973; aware of the inefficiency of the use of conventional war model' methods and resources against rural guerrilla warfare, and fearing that Araguaia could become in the long run a controlled or recurrently area used by guerrillas, like other regions in the globe; the Anaconda Operation was a military intelligence operation, which also used the same methods of guerrilla warfare, as for example the gradual infiltration among the civilian population of specially trained, supported and monitored agents, who had the same biotype of the local population.
 *  Marajoara Operation - Oct. 1973/Oct. 1974 - In this phase, with the information gathered during Anaconda Operation, about 400 military specialized in counter-guerrilla and counter-insurgency were gradually spread out in the region, in same conditions as the agents of previous Anaconda operation (in civilian clothes etc.). Divided in small units, having also co-opted some locals who had previously collaborated with the guerrillas, the military succeeded to dismantle the guerrilla in Araguaia, before the movement could reach irreversible proportions.
 *  Cleansing Operation - In early 1975, with the guerrilla already wiped, the military began an concealment operation of all the facts happened in Araguaia, in the face of absolute secrecy determined by government policy of the then new dictator General Ernesto Geisel. The operation's goal was to erase the traces of the struggle, including the enemies' corpses left behind, buried in the jungle. About 60 guerrillas had been killed, many of them under torture, after captured.
 * Documents were burned, the camps dismantled and the enemies corpses taken out of their graves (many of them shallow), and burned. In the following years, surfaced records of successive masking operations in the region. Of the Brazilian military dictatorship, Ernesto Geisel was the only dictator to officially talk about it, in a message to Congress on March 15, 1975, which said that there were attempts to organize "guerrilla bases on unprotected and far inland territories", and that they had been all "completely defeated".

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 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.