45
162. The Commission understood that the right of access to justice has been violated until
an impartial and effective investigation into the facts has been conducted. It added that,
according to the Court’s case law, comprehensive reparation requires the State to
investigate the facts with due diligence, so as to prosecute and punish those responsible for
Mr. Garibaldi’s death. The victims should have full access and capacity to act at all stages
and in all instances of these investigations, in accordance with domestic law and the
provisions of the Convention, and the State should ensure effective compliance with the
decisions adopted by the domestic courts. It acknowledged the State’s efforts to re-open
the Police Investigation and, in this regard, understood that it was essential that the State
comply with its obligation to avoid and combat impunity by carrying out a genuine,
exhaustive, impartial and effective investigation into the death of Sétimo Garibaldi.
163. The representatives asked the Court to order the State to investigate and punish the
masterminds and perpetrators of Sétimo Garibaldi’s death under criminal law.
164. In its final arguments brief, the State indicated that, since 2004, when the order was
emitted to close the Investigation, no new evidence had been submitted to the Public
Prosecutor’s Office that would have justified re-opening it. However, as a result of the
testimony of Vanderlei Garibaldi and Giovani Braun in these proceedings before the InterAmerican Court, the Public Prosecutor’s Office considered that they had provided evidence
that was substantially new and, on April 20, 2009, requested the re-opening of the
investigation, which the Loanda Court ordered on the same day. This measure responds to
the first request of the Commission and the representatives. Consequently, in the State’s
opinion, the re-opening of the Police Investigation invalidates the purpose of this request.
165. In this judgment the Court has established that the investigation conducted in the
instant case did not constitute an effective remedy guaranteeing real access to justice for
the victims, within a reasonable time, and including clarification of the facts, and
identification and, if applicable, punishment of those responsible for the murder of Sétimo
Garibaldi.
166. The Court assesses positively the re-opening of the investigation. Nevertheless, the
Court considers that, although this measure is an important initial step forward, the
resumption of the investigative procedure should be followed the measures needed to
elucidate the facts and establish the corresponding responsibilities, as described in this
judgment (supra paras. 122 to 127).
167. The Court reiterates that the State is obliged to combat this situation of impunity by
all available means, because it leads to the chronic repetition of human rights violations and
the total defenselessness of the victims and their next of kin, who have the right to know
the truth about the facts.142 The recognition and exercise of the right to know the truth in a
specific situation constitutes a measure of reparation.143 Consequently, in the instant case,
the right to know the truth gives rise to an expectation of the victims that the State must
satisfy.144
142
Cf. Case of Velásquez Rodríguez, supra note 18, para. 174; Bueno Alves v. Argentina. Merits, reparations
and costs. Judgment of May 11, 2007. Series C No. 164, para. 90, and The Miguel Castro Castro Prison v. Peru.
Merits, reparations and costs. Judgment of November 25, 2006. Series C No. 160, para. 440.
143
Cf. Escué Zapata v. Colombia. Merits, reparations and costs. Judgment of July 4, 2007. Series C No. 165,
para. 165.
144
Cf. Castillo Páez v. Peru. Merits. Judgment of November 3, 1997. Series C No. 34, para. 90; La Cantuta v.
Peru. Merits, reparations and costs. Judgment of November 29, 2006. Series C No. 162, para. 222, and Case of the
Miguel Castro Castro Prison, supra note 142, para. 440.
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