48
176.
Therefore,
THE COURT
DECLARES,
Unanimously, that
1.
The Court accepts the partial acknowledgment of international responsibility
presented by the State for the violation of the rights to a fair trial and judicial
protection enshrined in Articles 8(1) and 25(1) of the American Convention on
Human Rights, in conjunction with Article 1(1) of said instrument, in the terms of
paragraphs 15 to 25 of the present Judgment.
2.
The State violated the right to humane treatment enshrined in Article 5(1) of
the American Convention on Human Rights, in conjunction with Article 1(1) thereof,
in detriment to Carmen Cornejo de Albán and Bismarck Albán-Sánchez, in the term
of paragraphs 44 to 50 of the present Judgment.
3.
The State violated the rights to a fair trial and judicial protection enshrined in
Articles 8(1) and 25(1) of the American Convention on Human Rights, in conjunction
with the Articles 4, 5(1) and 1(1) of said instrument, in detriment of Carmen Cornejo
de Albán and Bismarck Albán-Sánchez, in the terms of paragraphs 79 to 109 of the
present Judgment.
AND ORDERS,
Unanimously, that
4.
This Judgment constitutes per se a form of reparation.
5.
Within a period of six months as from notification of this Judgment, and as
provided in paragraph 157 hereof, the State shall publish in its Official Gazette and in
another newspaper of national circulation, as a one-time publication, the following:
the operative paragraphs of this Judgment, as well as the following paragraphs: 1, 2,
4, 5 and 6 of Chapter I, “Introduction of the Case and Subject-Matter of the
Dispute;” 17, 18, 21, 22 and 24 of Chapter IV, “Partial Acknowledgment of
International Responsibility;” 44 to 50 of section (b), “Article 5.1 (Right to Humane
Treatment)” of the Convention, of Chapter VI; 64 of chapter VII; and 79 to 109 of
section B, “Proceedings before criminal jurisdiction,” chapter VII.
6.
The State shall, within a reasonable term, fully divulge the rights of the
patients, using the adequate media and according to the existing legislation from