ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS
OF FEBRUARY 20, 2012
CASE OF GARIBALDI v. BRAZIL
MONITORING COMPLIANCE WITH JUDGMENT
HAVING SEEN:
1.
The judgment on preliminary objections, merits, reparations and costs (hereinafter
“the judgment”), delivered by the Inter-American Court of Human Rights (hereinafter “the
Inter-American Court” or “the Court”) on September 23, 2009, as well as the order of the
Court of February 22, 2011, in which it decided to keep the proceedings on monitoring
compliance open with regard to the following aspects:
a)
Conduct the investigation effectively and within a reasonable time, together with any
proceedings that may be opened as a result of the investigation, in order to identify, prosecute
and, as appropriate, punish the authors of Mr. Garibaldi’s death. In the same way, the State must
investigate and, as appropriate, punish the possible offenses committed in the exercise of their
functions by the public officials in charge of the investigation, as established in the judgment
(seventh operative paragraph of the judgment);
b)
Pay Iracema Garibaldi, Darsônia Garibaldi, Vanderlei Garibaldi, Fernando Garibaldi,
Itamar Garibaldi, Itacir Garibaldi and Alexandre Garibaldi the amounts established in paragraphs
187 and 193 of the judgment for pecuniary and non-pecuniary damage […] as specified in
paragraphs 200 to 203 of the judgment (eighth operative paragraph of the judgment), and
c)
Pay Iracema Garibaldi the amount established in paragraph 199 of the judgment for
reimbursement of costs and expenses […] as specified in paragraphs 200 to 203 of the judgment
(ninth operative paragraph of the judgment).
2.
The briefs of June 21 and November 8, 2011, and their attachments, in which the
Federative Republic of Brazil (hereinafter also “the State” or “Brazil”) forwarded information
in relation to monitoring compliance with the judgment handed down by the Court in this
case.
3.
The briefs of August 8, 2011, and January 4, 2012, in which the Inter-American
Commission on Human Rights (hereinafter also “the Inter-American Commission” or “the
Commission”) forwarded its observations on the reports on compliance with the judgment
presented by the State.
4.
The briefs of August 17, 2011, and January 18, 2012, in which the representatives of
the victims (hereinafter also “the representatives”) forwarded their observations on the
information presented by the State.
CONSIDERING THAT:
1.
One of the inherent attributes of the Court’s jurisdictional functions is to monitor
compliance with its decisions.