ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF FEBRUARY 22, 2011
GARIBALDI v. BRAZIL
MONITORING COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The judgment on preliminary objections, merits, reparations and costs of
September 23, 2009 (hereinafter “the judgment”), issued by the Inter-American Court
of Human Rights (hereinafter “the Inter-American Court” or “the Court”), in which it
decided that:
[…]
6. The State must publish once in the official gazette, in another national newspaper with
widespread circulation, and in a newspaper with extensive circulation in the state of Paraná,
the cover page, Chapters I, VI and VII, without the footnotes, and the operative paragraphs
of this judgment, and also publish this judgment in its entirety, for at least one year, on an
appropriate official web site of the Federal State and of the state of Paraná taking into
account the characteristics of the publication that the Court has ordered. The publications in
the newspapers and on the Internet must be made within six and two months, respectively,
of notification of this judgment, as stipulated in paragraph 157 hereof.
7. The State must conduct the investigation effectively and within a reasonable time,
together with any proceedings that may be filed as a result of the investigation to identify,
prosecute and, if appropriate, punish the authors of Mr. Garibaldi’s death. Similarly, the
State must investigate and, if applicable, punish possible functional misconduct committed
by the public officials in charge of the investigation, as established in paragraphs 165 to 169
of this judgment.
8. The State must pay Iracema Garibaldi, Darsônia Garibaldi, Vanderlei Garibaldi, Fernando
Garibaldi, Itamar Garibaldi, Itacir Garibaldi and Alexandre Garibaldi, the amounts established
in paragraphs 187 and 193 of this judgment for pecuniary and non-pecuniary damage, within
one year of notification hereof and as specified in paragraphs 200 to 203 of this judgment.
9. The State must pay Iracema Garibaldi the amount established in paragraph 199 of this
judgment for reimbursement of costs and expenses, within one year of notification hereof
and as specified in paragraphs 200 to 203 of this judgment.
[…]
2.
The briefs of November 5 and 19, 2010, and their attachments, in which the
Federative Republic of Brazil (hereinafter “the State” or “Brazil”) forwarded the report
on compliance and the attachments, respectively, in relation to monitoring compliance
with the judgment issued by the Court in the instant case.
3.
The brief of December 24, 2010, and the attachments, in which the
representatives of the victims (hereinafter “the representatives”) transmitted their
observations on the State’s report.
4.
The Inter-American Commission on Human Rights did not forward any
observations additional to those forwarded by the representatives.