86
XVI
OPERATIVE PARAGRAPHS
233.
Therefore,
THE COURT,
DECIDES,
Unanimously,
1.
To dismiss the State’s preliminary objections.
DECLARES,
Unanimously, that:
1.
The State violated the right to humane treatment enshrined in Article 5(1) of
the American Convention on Human Rights, in relation to Article 1(1) of that treaty,
to the detriment of the Moiwana community members, in the terms of paragraph 103
of this judgment.
2.
The State violated the right to freedom of movement and residence enshrined
in Article 22 of the American Convention, in relation to Article 1(1) of that treaty, to
the detriment of the Moiwana community members, in the terms of paragraph 121 of
this judgment.
3.
The State violated the right to property enshrined in Article 21 of the
American Convention, in relation to Article 1(1) of that treaty, to the detriment of the
Moiwana community members, in the terms of paragraph 135 of this judgment.
4.
The State violated the rights to judicial guarantees and judicial protection
enshrined in Articles 8(1) and 25 of the American Convention, in relation to Article
1(1) of that treaty, to the detriment of the Moiwana community members, in the
terms of paragraphs 163 and 164 of this judgment.
5.
This judgment constitutes, per se, a form of reparation, in the terms of
paragraph 192 of this judgment.
AND DECIDES,
Unanimously, that:
1.
The State shall implement the measures ordered with respect to its obligation
to investigate the facts of the case, as well as identify, prosecute, and punish the
responsible parties, in the terms of paragraphs 202 – 207 of this judgment.
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