The facts of the case refer to the murder of Sétimo Garibaldi and the lack of State compliance with the obligation to investigate and punish those responsible. The death of the victim occurred on November 27, 1998, during an extrajudicial eviction of landless laboring families who occupied a farm located in the Paraná State, in the Municipality of Querencia del Norte.
The IA Court developed standards regarding due diligence in the investigation of violent deaths and the violation of the guarantee of reasonable time. Furthermore, the IA Court made reference to the “federal clause”, asserting that a State cannot use the argument of a federal structure to justify noncompliance with an international obligation.
- Presentation to the IACommission
- May 6, 2003
- Submission to the IACourt
- Dec 24, 2007
- IACourt / Judgment: rights violated
ACHR 1.1, 8.1, 25.1
- IACourt / Judgment: rights non-violated
ACHR 1.1, 2, 28
- Extrajudicial execution