effective remedy for him to challenge that ruling, and e) that the judgment of the
Constitutional Court was not executed, and therefore Mr. Grijalva was not reinstated
and did not receive any payment. Consequently, the Court considers that the dispute
between the parties in relation to those facts has ceased.
34.
The State also rejected the alleged violations of rights related to the military
investigation and criminal proceedings against Mr. Grijalva Bueno, described in
paragraphs 77 to 86; 87 to 89; 97 to 99; and 102 of Merits Report N° 152/18. The
Court observes that the aforementioned paragraphs are found in section IV of the
Report entitled “Analysis of the Law” and, more specifically, in the legal analysis of the
case, where the Commission examined the facts in order to derive the corresponding
legal consequences. Therefore, the Court considers that the dispute still exists
regarding the facts referred to in the aforementioned paragraphs, as well as those
related to the alleged violations of rights in the military criminal proceedings.
B.2 Regarding the legal claims
35.
Taking into account the violations acknowledged by the State, as well as the
observations of the representative and the Commission, the Court considers that the
dispute has ceased regarding the violation of Mr. Grijalva Bueno’s rights for: a) not
being heard by an impartial authority during the dismissal procedure; b) not receiving
prior and detailed notice of the accusation against him, nor the adequate time and
means for the preparation of his defense in the dismissal process; c) failure to comply
with the principle of presumption of innocence in the dismissal process; d) failure to
comply with the duty to give reasons for the decision of dismissal, and e) failure to
provide access to an effective remedy to review the decision of dismissal from the
armed forces. Finally, despite a ruling of the Court of Constitutional Guarantees
(Tribunal de Garantías Constitucionales–TGC) ordering Mr. Grijalva Bueno’s
reinstatement in the armed forces, this decision was not executed and therefore he has
not been reinstated nor has any payment been made in his favor. Consequently, the
State partially acknowledged its international responsibility for the violation of Articles
8(1), 8(2), 8(2)(b) and 8(2)(c) of the American Convention, as well as the violation of
the right established in Articles 25(1) and 25(2)(c) of the Convention, all in relation to
Article 1(1) of the same instrument, to the detriment of Mr. Grijalva Bueno, in the
disciplinary process that concluded with his dismissal.
36.
In light of the foregoing, the dispute continues in relation to the alleged
violations of different judicial guarantees in the military criminal proceedings, as well
as the right to judicial protection and the right to freedom of thought and expression,
established in Articles 8(1), 8(2), 8(2)(b), 8(2)(c), 8(2)(f), 25(1), and 13(1) of the
American Convention, all in relation to Article 1(1) of the same instrument, to the
detriment of Mr. Grijalva Bueno. The Court notes that in its answering brief the State
mentioned Article 8(2)(g) of the Convention; however, this provision was not referred
to by the Commission in the proceedings before this Court, nor are there any arguments
on record to support an alleged violation. Therefore, the Court considers that it is not
appropriate to rule on the matter in this case.
B.3 Regarding the reparations
37.
The dispute continues with regard to the appropriateness of the specific
measures of reparation requested by the Commission, for which reason it will be the
Court’s responsibility to examine them. Notwithstanding the foregoing, the State has
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