2.
As indicated in considering paragraphs 12 to 15 of this order, it will keep open the
proceeding of monitoring compliance with regard to the aspect that remains pending, which
establishes the State’s obligation to:
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, eventually, punish the authors of Mr. Garibaldi’s death […]
(seventh operative paragraph of the judgment).
AND DECIDES:
1.
To declare that the measures of reparation ordered by the Inter-American Court of
Human Rights in the eighth and ninth operative paragraphs of its judgment on preliminary
objection, merits, reparations and costs of September 23, 2009, have been complied with,
in keeping with considering paragraph 19 and the first declarative paragraph of this order.
2.
To close the proceedings of monitoring compliance with regard to the obligation to
investigate and, as appropriate, punish the possible offenses committed in the exercise of
their functions by the public officials in charge of the investigation established in the
judgment (seventh operative paragraph of the judgment).
3.
To require the State, pursuant to the provisions of Article 68(1) of the American
Convention on Human Rights, to adopt all necessary measures to comply promptly and
effectively with the measure ordered in the judgment that remains pending, in keeping with
considering paragraphs 12 to 15 and the second declarative paragraph of this order.
4.
To request the State to present to the Inter-American Court of Human Rights, by
August 31, 2012, at the latest, a report indicating all the measures taken to comply with the
measure of reparation ordered by the Court that remains pending.
5.
To request the representatives of the victims and the Inter-American Commission on
Human Rights, pursuant to the provisions of Article 69(1) of the Rules of Procedure, to
present any observations they deem pertinent on the State’s report mentioned in the
preceding operative paragraph, within two and four weeks, respectively, of receiving it.
6.
To require the Secretariat of the Court to notify this order to the Federative Republic
of Brazil, the Inter-American Commission on Human Rights, and the representative of the
victims.
Diego García-Sayán
President
Manuel Ventura Robles
Leonardo A. Franco
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