52
THE COURT
DECIDES,
unanimously:
1.
To declare partially admissible the preliminary objection relating to competence
ratione temporis filed by the State, in accordance with paragraphs 12 to 25 of this judgment.
2.
To reject the other preliminary objections filed by the State, as established in
paragraphs 26 to 51 of this judgment.
DECLARES,
unanimously that:
3.
The State violated the rights to judicial guarantees and judicial protection established
in Articles 8(1) and 25(1) of the American Convention, in relation to Article1(1) thereof, to
the detriment of Iracema Garibaldi, Darsônia Garibaldi, Vanderlei Garibaldi, Fernando
Garibaldi, Itamar Garibaldi, Itacir Garibaldi and Alexandre Garibaldi, as established in
paragraphs 111 to 141 of this judgment.
4.
The State did not fail to comply with the Federal Clause established in Article 28 of
the American Convention, in relation to Articles 1(1) and 2 thereof, to the detriment of
Iracema Garibaldi, Darsônia Garibaldi, Vanderlei Garibaldi, Fernando Garibaldi, Itamar
Garibaldi, Itacir Garibaldi and Alexandre Garibaldi, as established in paragraphs 145 to 149
of this judgment.
AND ORDERS,
unanimously that:
5.
This judgment constitutes per se a form of reparation.
6.
The State must 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 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 has ordered. The
publications in the newspapers and on the Internet must be made within six and two
months, respectively, of notification of this judgment, as stipulated in paragraph 157 hereof.
7.
The State must 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, if appropriate, punish the authors of Mr. Garibaldi’s death. Similarly, the
State must investigate and, if applicable, punish possible functional misconduct committed
by the public officials in charge of the Investigation, as established in paragraphs 165 to
169 of this judgment.
8.
The State must 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 this judgment for pecuniary and non-pecuniary
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos