444. The Court recalls that, in Chapter VII-1, it declared that the different investigations
conducted by the State concerning the facts of this case had been inadequate and violated
the victims’ rights to judicial guarantees and judicial protection.
445. Consequently, the Court, as in cases it has heard previously525 and based on the
nature of slavery as a crime under international law, and that the statute of limitations cannot
be applied to the subjection of a person to a condition similar to slavery, establishes that the
State should re-open, with due diligence, the required investigations and/or criminal
proceedings for the facts verified in March 2000 in this case in order, within a reasonable
time, to identify, prosecute and punish, as appropriate, those responsible. In particular, the
State must: (a) ensure that the victims and their next of kin have full access and capacity to
act at all stages of these investigations, pursuant to domestic law and the provisions of the
American Convention; (b) given that slavery is a crime under international law and taking
into consideration the characteristics of the facts and the context in which they occurred, the
State must abstain from using mechanisms, such as amnesty or any other procedural
obstacle, to exempt itself from this obligation; (c) guarantee that the investigations and
proceedings with regard to the facts of this case are conducted, at all times, by the federal
jurisdiction, and (d) publish the results of the proceedings so that Brazilian society may know
the judicial determination of the facts that are the purpose of this case.526 In particular, the
State should investigate and, if appropriate, re-establish (or reconstruct) criminal proceeding
2001.39.01.000270-0, initiated in 2001, before the Second Jurisdiction of the Marabá Federal
Justice Department, state of Pará.
446. Also, as it has on other occasions,527 the Court establishes that, pursuant to the
pertinent disciplinary rules, the State should examine the possible investigative and
procedural irregularities related to this case and, if appropriate, sanction the conduct of the
public servants concerned, without the need for the victims in this case to file the pertinent
complaints.
C. Measures of satisfaction and guarantees of non-repetition
447. The Court will determine measures that seek to repair non-pecuniary damage, as well
as measures of a public scope or repercussion. 528 International case law and, in particular,
that of this Court, has repeatedly established that the judgment constitutes per se a form of
reparation.529
C.1.
Measures of satisfaction: publication of the judgment
448. The representatives asked that the State publish the sections of the judgment that
refer to the proven facts, the analysis of the violations of the American Convention, and the
operative paragraphs. To this end, they indicated that the publications should be made in
national newspapers as well as in the regional newspapers of Maranhão, Piauí, Mato Grosso
and Tocantins, the states most affected by slave labor.
449.
525
The State did not comment on this measure of reparation.
Among others, Case of Quispialaya Vilcapoma, para. 262, and Case of Tenorio Roca et al., para. 268.
Cf. Case of the Caracazo v. Venezuela. Reparations and costs. Judgment of August 29, 2002. Series C No. 95,
para. 118, and Case of Tenorio Roca et al., para. 269.
526
527
Cf. Case of Cabrera García and Montiel Flores v. Mexico, para. 215, and Case of Velásquez Paiz, para. 230.
Cf. Case of the “Street Children” (Villagrán Morales et al.) v. Guatemala. Reparations and costs. Judgment of
May 26, 2001. Series C No. 77, para. 84, and Case of Herrera Espinoza et al., para. 220.
528
Cf. Case of Neira Alegría et al. v. Peru. Reparations and costs. Judgment of September 19, 1996. Series C No.
29, para. 56, and Case of Herrera Espinoza et al., para. 220.
529
109