92
THE COURT
DECIDES,
unanimously, that
1.
It admits the withdrawal of the preliminary exceptions filed by the State, in
the terms of paragraph 13 of the present Judgment.
2.
It accepts the partial acknowledgment of the State, in the terms established
in paragraphs 16 to 26 of the present Judgment.
DECLARES,
unanimously, that:
3.
The State is responsible for the violations of the rights to personal integrity,
dignity, and private life, enshrined, respectively, in Articles 5(1), 5(2), 11(1), and
11(2) of the American Convention on Human Rights, in relation to Article 1(1) of
the same, and Articles 1, 2, and 6 of the Inter-American Convention to Prevent and
Punish Torture, as well as for the noncompliance of the obligation established in
Article 7(a) of the Inter-American Convention on the Prevention, Punishment, and
Eradication of Violence against Women to the detriment of Mrs. Fernandez Ortega,
in accordance with that mentioned in paragraphs 100 to 131 and 136 to 138 of this
Judgment.
4.
The State is responsible for the violation of the right to personal integrity,
enshrined in Article 5(1) of the American Convention on Human Rights, in relation
with Article 1(1) of the same, to the detriment of Mr. Prisciliano Sierra and Noemí,
Ana Luz, Colosio, Nelida, and Neftalí, all with the surname of Prisciliano Fernández,
in accordance with that mentioned in paragraphs 143 to 149 of this Judgment.
5.
The Court does not have the evidence to establish the existence of a
violation of the right to personal integrity to the detriment of Mrs. María Lidia
Ortega, and Messrs. Lorenzo and Ocotlán Fernández Ortega, in conformity with that
mentioned in paragraphs 151 to 154 of this Judgment.
6.
The State is responsible for the violation to right of not being the object of
arbitrary or abusive interference with private life, enshrined in Article 11(2) of the
American Convention on Human Rights, in relation with Article 1(1) of the same, to
the detriment of Mrs. Fernández Ortega, Mr. Prisciliano Sierra and Noemí, Ana Luz,
Colosio, Nelida, and Neftalí, all with the surname Prisciliano Fernández, pursuant to
that mentioned in paragraphs 157 to 159 of this Judgment.
7.
The State is responsible for the violation of the right to judicial guarantees
and judicial protection, recognized in Article 8(1) and 25(1) of the American
Convention, to the detriment of Mrs. Fernández Ortega: a) in relation to Articles
1(1) and 2 of the same, pursuant to that mentioned in paragraphs 175 to 183 of
the present Judgment, and b) in relation to Article 1(1) of the American Convention
and did not comply with the obligation established in Article 7(b) of the InterAmerican Convention on the Prevention, Punishment, and Eradication of Violence
against Women, in conformity with that mentioned in paragraphs 190 to 198 of the
present Judgment. Likewise, Mexico did not comply with the obligation to
guarantee, without discrimination, access to justice, established in Articles 8(1) and
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