IX
OPERATIVE PARAGRAPHS
121. Therefore,
THE COURT
DECLARES,
Unanimously, that:
1.
It rejects the preliminary objection filed by the State concerning the failure to exhaust
domestic remedies, pursuant to paragraphs 16 and 17 of this judgment.
2.
The State is responsible for the violation of the rights to judicial guarantees and to judicial
protection recognized in Articles 8(1) and 25(1) of the American Convention, in relation to
Article 1(1) of this instrument, to the detriment of Alexander Yovany Gómez Virula, Antonio
Gómez Areano and Paula Virula Dionicio, pursuant to paragraphs 64 to 91 of this judgment.
3.
The State is not responsible for the violation of Articles 4, 5 and 7 of the Convention, in
relation to Article 1(1) of this instrument, pursuant to paragraphs 55 to 58 of this judgment.
4.
The State is not responsible for the violation of Article 16 of the Convention, in relation
to Article 1(1) of this instrument, pursuant to paragraph 60 of this judgment.
5.
The State is not responsible for the violation of Article 5 of the Convention, in relation to
Article 1(1) of this instrument, pursuant to paragraph 93 of this judgment.
AND ESTABLISHES:
Unanimously, that:
6.
This judgment constitutes, per se, a form of reparation.
7.
The State shall continue all the necessary investigations to determine, prosecute and, as
applicable, punish all those responsible for the death of Alexander Yovany Gómez Virula,
pursuant to paragraph 100 of this judgment.
8.
The State shall investigate the events that occurred, even if the criminal action is subject
to the statute of limitations, in order to satisfy the right to the truth of the victims and of
society, pursuant to paragraph 101 of this judgment.
9.
The State shall make the publications indicated in paragraph 103 of this judgment.
10. The State shall pay, within one year of notification of this judgment, the amounts
established in paragraphs 110, 112 and 115 herein as compensation for pecuniary and nonpecuniary damage and to reimburse costs and expenses, pursuant to paragraphs 116 to 120
of this judgment.
11. The State, within one year of notification of this judgment, shall provide the Court with a
report on the measures adopted to comply with its provisions, without prejudice to the
provisions of paragraph 103 of the judgment.
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