16. With regard to the obligation to pay the compensation for pecuniary and nonpecuniary damage to the victim’s next of kin and to reimburse costs and expenses, established in the eighth and ninth operative paragraphs of the judgment, the State advised that on September 22, 2010, Decree No. 7,307/10 was issued, authorizing the Human Rights Secretariat to comply with the Court’s judgment, especially with regard to payment of the compensation and reimbursement of costs and expenses to the victims. It also advised that it is still awaiting the funds to make the payment and undertook to inform the Court when the deposits were made. The State provided a copy of the said decree, authorizing the payment of US$52,142.86 (fifty-two thousand one hundred and forty-two United States dollars and eighty-six cents) to Iracema Garibaldi and US$21,142.86 (twenty-one thousand one hundred and forty-two United States dollars and eighty-six cents) to each of Mr. Garibaldi’s six children. 17. The representatives advised that, in December 2009, the Human Rights Secretariat contacted one of the petitioner organizations to obtain the banking details of Mr. Garibaldi’s next of kin so that the payments for the reparations could be made; this raised the expectations of the beneficiaries that the deposits would be made shortly after. However, even though the time frame for complying with the judgment expired on November 5, 2010, the representatives advised that, at the date they prepared their observations on the State’s report, Brazil had not paid the reparations established by the Court. On telephoning the Human Rights Secretariat, the petitioners were informed that insufficient financial resources were available to make the deposits for all the reparations, and only the compensation owed to Iracema Garibaldi could be paid; also that the State was awaiting the approval of a bill that would authorize a supplementary credit. Lastly, the representatives emphasized that the State’s obligation must be complied with entirely and promptly and urged the Court to request the State to make the deposit ordered, “not delaying any further in fulfilling the expectations of a whole family.” 18. The Court observes that the State issued Decree No. 7,307 in September 2010 authorizing the payments corresponding to the pecuniary and non-pecuniary damage ordered in the judgment. Nevertheless, the information before the Court reveals that, to date, after the period of one year from delivery of the judgment has expired, these payments have not yet been paid, and the information provided by the State does not reveal any specific actions to implement the contents of the decree. Furthermore, the State did not present information on the payment to Iracema Garibaldi for reimbursement of costs and expenses, in accordance with the ninth operative paragraph of the judgment. 19. Based on the above, the Court finds that the time frame has expired and the payments were not made opportunely. Consequently, the reparations ordered in the eighth operative paragraph and the reimbursement of costs and expenses ordered in the ninth operative paragraph of the judgment are pending compliance. The Court therefore requests the State to adopt the necessary measures and actions to comply fully and effectively with these measures of reparation, including the interest payments arising from the delay, in accordance with paragraph 203 of the judgment, and to advise the Court in the terms of the third operative paragraph of this order. THEREFORE: THE INTER-AMERICAN COURT OF HUMAN RIGHTS,

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