in exercise of its authority to monitor compliance with its decisions and in accordance
with Articles 33, 62(1), 62(3), 65 and 68(1) of the American Convention on Human
Rights, 25(1) and 30 of its Statute, and 31 and 69 of its Rules of Procedure,6
DECLARES THAT:
1.
As indicated in the tenth considering paragraph of this order, Brazil has
complied wholly with the obligation to publish once in the official gazette, in another
national newspaper with widespread circulation, and in a newspaper with extensive
circulation in the state of Paraná, the cover page, Chapters I, VI and VII, without the
footnotes, and the operative paragraphs of this judgment, and also to publish this
judgment in its entirety, for at least one year, on an appropriate official web site of the
Federal State and of the state of Paraná taking into account the characteristics of the
publication that the Court ordered (sixth operative paragraph of the judgment).
2.
As indicated in the fifteenth and nineteenth considering paragraphs of this
order, the Court will keep the procedure of monitoring compliance with judgment open
with regard to the paragraphs that establish the State’s obligation to:
(a)
Conduct the investigation effectively and within a reasonable time,
together with any proceedings that may be filed as a result of the investigation
to identify, prosecute and, as appropriate, punish the authors of Mr. Garibaldi’s
death. Similarly, the State must investigate and, if applicable, punish possible
misconduct in the exercise of their functions committed 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, within one year of
notification thereof and as specified in paragraphs 200 to 203 of the judgment
(ninth operative paragraph of the judgment).
AND DECIDES:
3.
To declare that the measure of reparation ordered by the Inter-American Court
of Human Rights in the sixth operative paragraph of its judgment on preliminary
objections, merits, reparations and costs of September 23, 2009, has been complied
with in accordance with the tenth considering paragraph, and the first declarative
paragraph of this order.
4.
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 measures ordered in the judgment that remain pending
6
Rules of Procedure of the Court approved at its eight-fifth regular session held from November 16
to 28, 2009.