inquiry. Based on the foregoing, the Court decides not to continue monitoring compliance
with this aspect.
15.
With regard to the criminal investigation into the facts, the Court takes note of the
fact that criminal charges were filed against an individual allegedly responsible; of the order
of the Office of the Attorney General to give the processing of the case priority, and of the
decision to hold a hearing on the investigation and prosecution on November 22, 2011. The
Court recalls that more than 12 years have passed since Mr. Garibaldi’s death without the
facts having been elucidated or those responsible punished. Taking these circumstances into
account, Brazil must continue to take the necessary measures and steps to comply fully and
effectively with this measure of reparation. In addition, within the time frame indicated in
the fourth operative paragraph of this order, it must forward full and detailed information,
including supporting documentation, on compliance with this obligation.
b) Obligation to pay compensation for the damage and reimburse costs and
expenses
16.
With regard to the obligations to pay the compensation for pecuniary and nonpecuniary damage to the victim’s next of kin and to reimburse costs and expenses
established, respectively, in the eighth and ninth operative paragraphs of the judgment, the
State advised that the Human Rights Secretariat of the Presidency of the Republic had paid
the amounts due to the victims by bank orders on March 16, 2011. It indicated that the
payment was made by depositing the corresponding amounts in a current account indicated
by the beneficiaries. It asked the Court to declare that the obligations established in the
said operative paragraphs of the judgment had been fulfilled.
17.
The Commission noted that the State had not presented information on the
calculation of interest.
18.
The representatives recognized that the State had “complied fully” with the
payments of the compensation ordered in the judgment.
19.
Based on the information provided by the State and the observation of the
representatives concerning full compliance with the payments, the Court finds that the State
has complied with these obligations ordered in the eighth and ninth operative paragraphs of
the judgment.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions, pursuant to Articles 33,
62(1), 62(3) and 68(1) of the American Convention on Human Rights, 25(1) of its Statute,
and 31 and 69 of its Rules of Procedure,
DECLARES THAT:
1.
As indicated in considering paragraph 19 of this order, Brazil has complied fully with
the obligations to pay the compensation for pecuniary and non-pecuniary damage to the
victim’s next of kin and to reimburse costs and expenses established, respectively, in the
eighth and ninth operative paragraphs of the judgment.
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