order to redress the harm comprehensively; thus—in addition to pecuniary compensation—measures
of restitution, rehabilitation, and satisfaction, as well as guarantees of non-repetition, are especially
important to redress the harm caused. 216
137. This Court has established that reparations must have a causal nexus with the facts of the
case, the violations declared, the harm proven, and the measures requested to redress the harm.
Accordingly, the Court must analyze all of these factors in order to rule appropriately and in keeping
with the law. 217
138. Bearing in mind the violations of the American Convention declared in the previous chapters,
and in light of the standards established in the Court’s case law regarding the nature and scope of
the obligation to make reparations, 218 the Court will analyze the petitions of the Commission and the
representatives, as well as the arguments of the State, to establish below the measures of reparation
for those violations.
A. Injured Party
139. Pursuant to Article 63(1) of the Convention, the Court holds that an injured party is anyone
who has been declared a victim of the violation of any right recognized in the Convention.
Accordingly, the Court considers Geraldo Gomes Pimenta, 219 Maria da Glória Sales Pimenta, 220 Sérgio
Sales Pimenta, Marcos Sales Pimenta, José Sales Pimenta, 221 Rafael Sales Pimenta, André Sales
Pimenta, and Daniel Sales Pimenta to be injured parties who, as victims of the violations declared in
chapter VIII, will be the beneficiaries of the reparations the Court orders.
B. Obligation to investigate the facts and identify, prosecute, and, as appropriate,
punish those responsible
140. The Commission asked the Court to order the State to conduct and conclude the investigation
diligently and effectively within a reasonable period of time in order to thoroughly clarify the events,
identify all material and intellectual responsibility at all levels of decision-making and enforcement,
impose the punishments that correspond to the human rights violations, and take all relevant steps
to protect the witnesses and other participants in the proceedings, if necessary. The Commission
stated that an expiration of the statute of limitations for the actions and alleged omissions of the
State cannot be invoked to justify the State failing to take these measures.
141. The representatives asked the Court to order the State to (i) investigate the facts within a
reasonable timeframe through impartial and independent institutions with jurisdiction and to
investigate all those who participated directly or indirectly in the threats against Gabriel Sales
Pimenta or his murder (perpetrators, conspirators, and accomplices), identifying, investigating, and
prosecuting the suspects; (ii) investigate and eventually punish those who perpetuated impunity by
being careless, negligent, or lenient in their duties to investigate and punish those responsible for
the murder; (iii) take all measures to protect the witnesses and others as necessary; and (iv) ensure
that at all stages of the proceedings the relatives of Gabriel Sales Pimenta have access and the ability
to act. The representatives also asked the Court to remind the State that the concept of a statute of
216
Cf. Case of Cantoral Benavides v. Peru. Reparations and costs. Judgment of December 3, 2001. Series C No. 88,
para. 79–81, and Case of Pavez Pavez v. Chile, supra para. 162.
217
Cf. Case of Ticona Estrada v. Bolivia. Merits, reparations, and costs. Judgment of November 27, 2008. Series C No.
191, para. 110, and Case of Pavez Pavez v. Chile, supra para. 163.
218
Cf. Case of Velásquez-Rodríguez v. Honduras. Reparations and costs, supra, para. 25 and 26, and Case of Pavez
Pavez v. Chile, supra para. 164.
219
Deceased prior to the submission of the case to the Court.
220
Deceased prior to the submission of the case to the Court.
221
Deceased prior to the submission of the case to the Court.
37