130. André Sales Pimenta told of creating a website with clippings and other materials on the life
of Gabriel Sales Pimenta, but he abandoned it when he saw that progress was not being made in the
criminal trial. He said he would get very frustrated with every setback in the criminal trial, that he
was losing hope, and that today he feels extremely frustrated. He also emphasized that his brother
José Sales Pimenta had followed the trial more closely at first. 210
131. Regarding the impact on the family of Gabriel Sales Pimenta, expert witness Cristina Barros
Mauer concluded that his father, Geraldo Gomes Pimenta (now deceased) “retreated for the rest of
his life, becoming less sociable and less communicative,” while in the case of his mother, Maria da
Glória Sales Pimenta (also deceased now), though she was unable to attend her son’s burial due to
her immense pain, after “the death of Gabriel, [...] she redoubled her efforts, and she spent the rest
of her life committed to fighting to hold those guilty of murdering her son accountable and also
fighting for human rights.” 211 Both of Gabriel Sales Pimenta’s parents died without having received
resolution from the State concerning the murder of their son or reparation for the State’s failures.
132.
Regarding the ongoing impunity in the case, Marcos Sales Pimenta asserted that:
Everyone behaves in their own way, but the feeling we all had in common was a sense of indignation. First
because he died, second because he died in that way, third because of the impunity. So this pain, this
distress it causes us [...] That is what we felt and what we still feel today. 212
133. The expert opinion provided by Ms. Barros Mauer corroborated the statements of Gabriel’s
brothers inasmuch as the expert concluded, inter alia, that:
the effects of the trauma the family members experienced persisted, changing the course of each of their
lives. Moreover, with regard to state actions, the family remained in the same situation faced by many
other families affected by human rights violations: waiting for decades for a response from their country's
legal authorities. 213
134. For all of the reasons discussed above, the Court finds that the State violated the rights to
personal integrity established in Article 5(1) of the American Convention, in conjunction with Article
1(1), to the detriment of Maria da Glória Sales Pimenta, Geraldo Gomes Pimenta, Sérgio Sales
Pimenta, Marcos Sales Pimenta, José Sales Pimenta, Rafael Sales Pimenta, André Sales Pimenta, and
Daniel Sales Pimenta.
IX
REPARATIONS
135. Pursuant to the provisions of Article 63(1) of the American Convention, the Court has indicated
that any violation of an international obligation that has caused harm entails the obligation to remedy
it adequately, and that this provision reflects a customary norm that constitutes one of the
fundamental principles of contemporary international law on state responsibility. 214
136. Remedying the harm produced by the infringement of an international obligation requires,
whenever possible, full restitution (restitutio in integrum), which consists in restoring the prior
situation. When this is not feasible, as in the majority of cases of human rights violations, this Court
will determine measures to guarantee the violated rights and to remedy the consequences of those
violations. 215 Therefore, the Court has found it necessary to grant various measures of reparation in
210
Cf. Statement of André Sales Pimenta, (evidence file, folio 6702).
211
Cf. Expert opinion of Cristina Mair Barros Mauer on March 8, 2022 (evidence file, folio 7277).
212
Cf. Statement of Marcos Sales Pimenta in the public hearing on March 22, 2022 (evidence file, folio 6692).
213
Cf. Expert opinion of Cristina Mair Barros Mauer, supra (evidence file, folio 7280).
Cf. Case of Velásquez-Rodríguez v. Honduras. Reparations and costs. Judgment of July 21, 1989. Series C No. 7,
para. 24 and 25, and Case of Pavez Pavez v. Chile, supra para. 161.
214
215
Cf. Case of Velásquez-Rodríguez v. Honduras, supra, para. 26, and Case of Pavez Pavez v. Chile, supra para. 162.
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