THE COURT
DECIDES,
unanimously,
1.
To reject the preliminary objections filed by the State concerning the alleged failure to
comply with the six-month period for the presentation of the initial petition, and the alleged lack of
competence ratione temporis of the Inter-American Court in relation to the Inter-American
Convention on Forced Disappearance of Persons, in the terms of paragraphs 19 to 23 and 27 to 35
of this Judgment.
DECLARES:
unanimously that:
2.
The State is responsible for the enforced disappearance of Jeremías Osorio Rivera and,
consequently, for the violation of the rights to personal liberty, personal integrity, life, and juridical
personality recognized in Articles 7, 5(1), 5(2), 4(1) and 3 of the American Convention on Human
Rights, in relation to the obligation to respect and to ensure these rights, contained in Article 1(1)
of this instrument, as well as in relation to Article I(a) of the Inter-American Convention on Forced
Disappearance of Persons, to the detriment of Jeremías Osorio Rivera, in the terms of paragraphs
111 to 159 and 165 to 171 of this Judgment.
3.
The State is responsible for the violation of the rights to judicial guarantees and judicial
protection, recognized in Articles 8(1) and 25(1) of the American Convention on Human Rights, in
relation to the obligation to respect and to ensure these rights and to adopt provisions of domestic
law, contained in Articles 1(1) and 2 of this instrument, as well as in relation to Articles I(b) and III
of the Inter-American Convention on Forced Disappearance of Persons, to the detriment of
Jeremías Osorio Rivera, Santa Fe Gaitán Calderón, Edith Laritza Osorio Gaytán, Neida Rocío Osorio
Gaitán, Vannesa Judith Osorio Gaitán, Jersy Jeremías Osorio Gaitán, Juana Rivera Lozano, Epifanía
Alejandrina Osorio Rivera, Elena Máxima Osorio Rivera, Porfirio Osorio Rivera, Adelaida Osorio
Rivera, Silvia Osorio Rivera, Mario Osorio Rivera and Efraín Osorio Rivera, in the terms of
paragraphs 176 to 221 of this Judgment.
4.
The State is responsible for the violation of the right to personal integrity recognized in
Article 5(1) of the American Convention on Human Rights, in relation to the obligation to respect
rights, contained in Article 1(1) of this instrument, to the detriment of Santa Fe Gaitán Calderón,
Edith Laritza Osorio Gaytán, Neida Rocío Osorio Gaitán, Vannesa Judith Osorio Gaitán, Jersy
Jeremías Osorio Gaitán, Juana Rivera Lozano, Epifanía Alejandrina Osorio Rivera, Elena Máxima
Osorio Rivera, Porfirio Osorio Rivera, Adelaida Osorio Rivera, Silvia Osorio Rivera, Mario Osorio
Rivera and Efraín Osorio Rivera, in the terms of paragraphs 227 to 234 of this Judgment.
AND ESTABLISHES:
unanimously that:
5.
This Judgment constitutes, per se, a form of reparation.
98
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents