The decision would see two former military men accused of kidnapping leftist opponents of the regime during suppression of the Araguaia guerilla movement between 1972 and 1975, according to Associated Press reports.

Judge Nair Pimenta de Castro agreed with prosecutors that because the bodies of victims were not recovered, the cases remain open and therefore not covered by the 1979 amnesty law which protects members of the government and military who allegedly committed political crimes between 1961 and 1975.

Truth commission

The decision comes as Brazil’s recently established truth commission starts investigating crimes committed under the dictatorship. The commission was established by President Dilma Rousseff, herself a victim of imprisonment and torture under junta rule. However, it has faced resistance from the right and is unlikely to have an impact unless the Amnesty is overturned. An earlier decision from the Supreme Court rejected this with seven judges against modifying the amnesty against two who supported change.