64
1.
To reject the preliminary objection concerning failure to exhaust domestic remedies
filed by the State, in accordance with paragraphs 15 to 19 of this judgment.
2.
To declare partially admissible and to reject partially the preliminary objection
concerning competence ratione temporis filed by the State, in accordance with paragraphs
31 and 53 of this judgment.
3.
To reject the preliminary objection concerning competence ratione materiae filed by
the State, in accordance with paragraphs 57 a 62 of this judgment.
DECLARES THAT:
4.
The State violated the right to personal liberty established in Article 7 of the
American Convention on Human Rights, in relation to Article 1(1) thereof, and also failed to
comply with its obligations under Article I of the Inter-American Convention on Forced
Disappearance of Persons, in relation to Article II thereof, to the detriment of Heliodoro
Portugal, in accordance with paragraph 117 of this judgment.
5.
The State violated the rights embodied 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 Graciela
De León, Patria Portugal and Franklin Portugal, in accordance with paragraph 158 of this
judgment.
6.
The State violated the right to humane treatment embodied in Article 5(1) of the
American Convention on Human Rights, in relation to Article 1(1) thereof, to the detriment
of Graciela De León, Patria Portugal and Franklin Portugal, in accordance with paragraph
175 of this judgment.
7.
The State failed to comply with its obligation to define the offense of forced
disappearance, as stipulated in Articles II and III of the Inter-American Convention on
Forced Disappearance of Persons, in accordance with paragraphs 187, 195, 197, 200, 207
and 209 of this judgment.
8.
The State failed to comply with its obligation to define the offense of torture, as
stipulated in Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish
Torture, in accordance with paragraph 216 of this judgment.
AND ORDERS THAT:
9.
This judgment constitutes, per se, a form of reparation
10.
The State shall pay Graciela De León, Patria Portugal and Franklin Portugal, the
amount established in paragraph 233 of this judgment, as compensation for pecuniary
damage, within one year of notification of the judgment, in the terms of paragraphs 233
and 268 to 272 herein.
11.
The State shall pay Graciela De León, Patria Portugal and Franklin Portugal, the
amounts established in paragraph 239 of this judgment, as compensation for non-pecuniary
damage, within one year of notification of the judgment, in the terms of paragraphs 239
and 268 to 272 herein.
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