3.
The State is responsible for the violation of the right to judicial guarantees and
judicial protection recognized in Articles 8(1) and 25(1) of the American Convention on
Human Rights, in relation to Article 1(1) thereof, to the detriment of Melba del Carmen
Suárez Peralta and Melba Peralta Mendoza, in the terms of paragraphs 94 to 122 of this
Judgment.
4.
The State is responsible for the violation of the obligation to guarantee the right to
personal integrity, recognized in Article 5(1) of the American Convention on Human Rights,
in relation to Article 1(1) of this instrument, to the detriment of Melba del Carmen Suárez
Peralta, in the terms of paragraphs 134 to 154 of this Judgment.
5.
The State is not responsible for the violation of the obligation to guarantee the right
to personal integrity recognized in Article 5(1) of the American Convention on Human
Rights, in relation to Article 1(1) of this instrument, to the detriment of Melba Peralta
Mendoza, in the terms of paragraphs 155 to 160 of this Judgment.
AND DECIDES,
unanimously, that:
6.
This Judgment constitutes per se a form of reparation.
7.
The State must make the publications indicated in paragraph 189 of this Judgment
within six months of its notification.
8.
The State must pay the amounts established in paragraphs 184, 214 and 220 of this
Judgment for the future medical treatment of Mrs. Suarez Peralta, compensation for
pecuniary and non-pecuniary damage, and reimbursement of costs and expenses, within
one year of its notification. The State must also pay the amount established in paragraph
224 of this Judgment to reimburse the Victims’ Legal Assistance Fund, within 90 days.
9.
The State must, within one year of notification of this Judgment, provide the Court
with a report on the measures adopted to comply with it.
10.
The Court will monitor full compliance with this Judgment, in exercise of its authority
and in compliance with its obligations under the American Convention on Human Rights, and
will close this case when the State has complied fully with its provisions.
Judge Alberto Pérez Pérez advised the Court of his Separate Opinion and Judge Eduardo
Ferrer Mac-Gregor Poisot advised the Court of his Concurring Opinion, both of which
accompany this Judgment.
Done, at San José, Costa Rica, on May 21, 2013, in the Spanish and English languages, the
Spanish text being authentic.
Diego García-Sayán
60
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