TABLE OF CONTENTS TABLE OF CONTENTS I INTRODUCTION OF THE CASE AND CAUSE OF ACTION II PROCEEDINGS BEFORE THE COURT III JURISDICTION IV PRELIMINARY OBJECTIONS 2 3 4 5 5 A. 5 B. Alleged inadmissibility of the petition due to lack of subject matter A.1 Arguments of the parties and of the Commission 5 A.2 Considerations of the Court 5 Failure to exhaust domestic remedies with respect to the alleged violations of the principles of jurisdiction, suitability, and judicial independence B.1 Arguments of the parties and of the Commission B.2) Considerations of the Court 6 6 7 V EVIDENCE 7 A. Admissibility of the documentary evidence 7 B. Admissibility of the testimonial and expert evidence 8 A. Arguments of the parties and of the Commission 11 B. Considerations of the Court 12 VI FACTS 8 VII MERITS 11 VII-1 RIGHTS TO JUDICIAL GUARANTEES AND JUDICIAL PROTECTION, READ IN CONJUNCTION WITH ARTICLE 1(1) OF THE AMERICAN CONVENTION 11 VII-2 RIGHT TO PROPERTY READ IN CONJUNCTION WITH ARTICLE 1(1) OF THE AMERICAN CONVENTION 14 A. Arguments of the parties and of the Commission 14 B. VIII REPARATIONS Considerations of the Court 15 A. Injured party 15 B. Measures of satisfaction 15 C. Other measures requested 16 D. Compensation 17 D.1 Pecuniary and non-pecuniary damages 14 17 E. Costs and Expenses 17 F. Reimbursement of expenses to the Victims’ Legal Assistance Fund of the Inter-American Court 18 G. Method of complying with the payments ordered 19 IX OPERATIVE PARAGRAPHS 19 2