20
70.
Regarding the press cuttings presented by the parties, the Court has considered that
they can be assessed when they refer to well-know public facts or declarations by State
officials, or when they corroborate aspects of the case.55
VI
ARTICLES 8(1) (JUDICIAL GUARANTEES)56 and 25(1) (JUDICIAL PROTECTION)57
OF THE AMERICAN CONVENTION, IN RELATION TO ARTICLE 1(1) (OBLIGATION TO
RESPECT RIGHTS)58 THEREOF
71.
As established in Chapter III of this judgment, the Court will examine the facts
related to the investigation into the murder of Sétimo Garibaldi that occurred after
December 10, 1998, the date on which the State accepted the Court’s compulsory
jurisdiction. Consequently, it will examine whether the alleged errors and omissions in the
said proceedings constituted violations of Articles 8 and 25 of the Convention, in relation to
Article 1(1) thereof. To this end, the Court will: (A) determine the facts that have been
proved; (B) describe the arguments of the parties, and (C) set out the pertinent legal
considerations on: (i) the presumed errors and omissions in the investigation, and (ii)
whether this procedure was processed within a reasonable time.
A) Facts
A(i) Background
72.
In order to examine the supposed violation of the rights embodied in Articles 8(1)
and 25(1) of the American Convention, as it has in previous cases,59 the Court will describe
the facts relating to Sétimo Garibaldi’s murder and measures taken by State officials that
occurred before the State’s acceptance of the Court’s compulsory jurisdiction, merely as
background to the case; consequently, it will not determine any juridical consequences from
them.
73.
On November 27, 1998, Sétimo Garibaldi was deprived of his life during an
extrajudicial eviction operation in Hacienda São Francisco (hereinafter “the Hacienda”), in
Querência do Norte, state of Paraná. At the time of the facts, the Hacienda was occupied by
55
Cf. Case of Velásquez Rodríguez, supra note 48, para. 146; Case of Escher et al., supra note 9, para. 76,
and Case of Reverón Trujillo, supra note 30, para. 47.
56
Article 8(1) of the Convention establishes:
Every person has the right to a hearing, with due guarantees and within a reasonable time, by a competent,
independent, and impartial tribunal, previously established by law, in the substantiation of any accusation of
a criminal nature made against him or for the determination of his rights and obligations of a civil, labor,
fiscal, or any other nature.
57
Article 25(1) of the Convention establishes:
Everyone has the right to simple and prompt recourse, or any other effective recourse, to a competent court or
tribunal for protection against acts that violate his fundamental rights recognized by the constitution or laws of
the state concerned or by this Convention, even though such violation may have been committed by persons
acting in the course of their official duties.
58
59
Article 1(1) of the Convention establishes that:
The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to
ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms,
without any discrimination for reasons of race, color, sex, language, religion, political or other opinion,
national or social origin, economic status, birth, or any other social condition.
Cf. Almonacid Arellano et al. v. Chile. Preliminary objections, merits, reparations and costs. Judgment of
September 26, 2006. Series C No. 154, para. 82; Case of Nogueira de Carvalho et al., supra note 13, para. 67, and
García Prieto et al. v. El Salvador. Preliminary objections, merits, reparations and costs. Judgment of November 20,
2007. Series C No. 168, para. 76.