THE COURT
DECIDES,
unanimously,
1.
To reject the preliminary objection filed by the State regarding the preliminary
objected filed by the State on lack of competence ratione temporis in relation to the forced
disappearance and the alleged violations to the detriment of Narciso González Medina, and
to accept partially this preliminary objection in relation to the alleged violations to the
detriment of his family, for facts that occurred prior to the State’s acceptances of the
binding jurisdiction of the Court, in the terms of paragraphs 45 to 54 and 58 to 61 of this
Judgment.
2.
To reject the other preliminary objections filed by the Dominican Republic, in
accordance with paragraphs 19 to 24, 28 to 35 and 38 to 41 of this Judgment.
DECLARES,
unanimously that:
1.
The State is responsible for the forced disappearance of Narciso González Medina
and, consequently, for the violation of the rights to personal liberty, personal integrity, life,
and recognition of juridical personality protected in Articles 7, 5(1), 5(2), 4(1) and 3 of the
American Convention, in relation to Article 1(1) thereof, to the detriment of Narciso
González Medina, as of the date that the Dominican Republic accepted the jurisdiction of
this Court, in the terms of paragraphs 137 to 194 of this Judgment.
2.
The State is responsible for failing to comply with its obligation to ensure the rights
indicated in the first declarative paragraph, in relation to Articles 1(1) and 2 of the American
Convention and to Articles 1, 6 and 8 of the Inter-American Convention to Prevent and
Punish Torture, to the detriment of Narciso González Medina, owing to the absence of an
effective investigation into the forced disappearance, as established in paragraph 265 of this
Judgment.
3.
The State is responsible for the violation of the rights to judicial guarantees and
judicial protection established in Articles 8(1) and 25(1) of the American Convention, in
relation to Article 1(1) thereof and to Articles 1, 6 and 8 of the Inter-American Convention
to Prevent and Punish Torture, to the detriment of Luz Altagracia Ramírez, Ernesto González
Ramírez, Rhina Yokasta González Ramírez, Jennie Rosanna González Ramírez and Amaury
González Ramírez, in the terms of paragraphs 220 to 262 and 264 to 265 of this Judgment.
4.
The State is responsible for the violation of the right to personal integrity protected
by Article 5(1) and 5(2) of the American Convention, in relation to Article 1(1) thereof, to
the detriment of Luz Altagracia Ramírez, Ernesto González Ramírez, Rhina Yokasta González
Ramírez, Jennie Rosanna González Ramírez and Amaury González Ramírez, as established
in paragraphs 270 to 275 of this Judgment.
5.
It is not appropriate to issue a ruling on the alleged violations of the right to freedom
of expression established in Article 13 of the American Convention on Human Rights, in the
terms of paragraphs 192, 193 and 266 of this Judgment.
98
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