CEJIL

2 Víctor Oscar Shiyin García Toma Judge ad hoc Pablo Saavedra Alessandri Secretary

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I INTRODUCTION TO THE CASE AND PURPOSE OF THE APPLICATION 2
II PROCEEDING BEFORE THE COURT5
III PRELIMINARY OBJECTION RATIONE MATERIAE 6
IV COMPETENCE9
V EVIDENCE9
A) Documentary, Testimonial and Experts’ Opinion Evidence9
B) Evidence Assessment10
VI VIOLATION OF ARTICLES 25(1) AND 25(2)(C)(RIGHT TO JUDICIAL PROTECTION),AND 21(1) AND 21(2)(RIGHT TO PROPERTY) OF THE AMERICAN CONVENTION, IN CONJUNCTION WITH ARTICLE 1(1)(OBLIGATION TO RESPECT RIGHTS) THEREIN15
A) Pension system upon which the Judments of 1997 and 2001 and the right protected by such decisions are based 15
C) The right to judicial protection 24
C) The right to property in relation to the violation of the right to judicial protection 28
VII ARTICLE 26 (PROGRESSIVE DEVELOPMENT OF ECONOMIC,SOCIAL AND CULTURAL RIGHTS) OF THE AMERICAN CONVENTION31
A) Article 26 of the Convention in relation to the non-payment of the total amounts owed and the non-compliance with the judicial rulings that ordered said payment in the instant case34
B) Adoption and application of Decrees No. 25597 and 036-93-EF 35
VIII REPARATION(APPLICATION OF ARTICLE 63(1) OF THE AMERICAN CONVENTION)35
A) Injured Party 36
B) Compensation 41
C) Measures of satisfaction and guarantees of non-repetition45
D) Costs and Expenses47
E) Method of Compliance with the Payments Ordered49
IX OPERATIVE PARAGRAPHS50
# CONCURRING OPINION OF JUDGE SERGIO GARCÍA RAMÍREZ 53
# CONCURRING OPINION OF JUDGE AD HOC VICTOR OSCAR SHIYIN GARCÍA TOMA 58

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Acevedo Buendia et al. Preliminary Objections, Merits, Reparationes and Costs. Judgment of July 1, 2009.pdf
English
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Acevedo Buendía e outros. Exceçäo Preliminar, Mérito, Reparações e Custas. Sentença de 1 de julho de 2009.pdf
Portuguese
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Acevedo Buendía y otros. Excepciones Preliminares, Fondo, Reparaciones y Costas.Sentencia de 1 de julio de 2009.pdf
Spanish
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