applied so that the protected guarantee is truly practical and effective, bearing in mind
the special nature of human rights treaties.4
7.
The States Parties to the Convention that have accepted the Court’s compulsory
jurisdiction must comply with the obligations established by the Court. This obligation
includes the State’s duty to advise the Court of the measures adopted to comply with
the Court’s decisions in that judgment. The prompt implementation of this obligation to
advise the Court on how each aspect ordered by the Court is being fulfilled is essential
to assess the status of compliance in the case.5
a)
Regarding the obligation to publish the judgment
8.
Regarding the obligation to publish certain parts of the judgment, the State
advised that it had published them, in the terms indicated by the Court, in the Official
Gazette of February 10, 2010, and in the national newspaper, O Globo, on August 16,
2010. Furthermore, it advised that the state of Paraná had published parts of the
judgment, in the terms indicated by the Court, in the following newspapers of this
state: (a) Hora H, of May 7 to 9, 2010, and (b) Umuarama Ilustrado, Diario Popular
(Curitiba), Tribuna do Norte, Diário do Sudoeste, Hoje Notícias, Gazeta do Paraná,
Jornal da Manhã and Diário Oficial do Estado, all on May 7, 2010. Regarding the
publication on official web pages, Brazil advised that the judgment had been published
on the web pages of the Presidency’s Human Rights Secretariat (hereinafter “Human
Rights Secretariat”), the Court of Justice of the state of Paraná and the Public
Prosecutor’s Office of the state of Paraná.
9.
The representatives considered that the sixth operative paragraph of the
judgment had been complied with.
10.
Based on the information provided by the parties, the Court observes that the
State has complied with the obligation to make the publications ordered in the sixth
operative paragraph of the judgment.
b)
Regarding the obligation to investigate the facts of the case and, as
appropriate, prosecute and punish those responsible
11.
Regarding the obligation to conduct the investigation effectively and within a
reasonable time, together with any proceedings that may be filed as a result of the
investigation in order to identify, prosecute and, eventually, punish the authors of Mr.
Garibaldi’s death, established in the seventh operative paragraph of the judgment, the
State advised that the police investigation was being conducted by the Police
Headquarters of Loanda, a municipality in the state of Paraná. It added that the Public
Prosecutor’s office had reported in a note of May 10, 2010, that various procedures
had been requested in the context of this investigation, including taking testimony
4
Cf. Case of Ivcher Bronstein v. Peru. Competence. Judgment of September 24, 1999, Series C No.
54, para. 37; Case of the Miguel Castro Castro Prison v. Peru, supra note 2, seventh considering paragraph,
and Case of Valle Jaramillo v. Colombia, supra note 1, fifth considering paragraph.
5
Cf. Case of Barrios Altos v. Peru. Monitoring compliance with judgment. Order of the Inter-American
Court of Human Rights of September 22, 2005, seventh considering paragraph; Case of the Moiwana
Community v. Suriname. Monitoring compliance with judgment. Order of the Inter-American Court of Human
Rights of November 22, 2010, seventh considering paragraph, and Case of the Miguel Castro Castro Prison
v. Peru, supra note 2, eighth considering paragraph.