62
227.
Now, therefore,
THE COURT
DECLARES:
Unanimously that:
1.
It accepts the State’s partial acknowledgment of international responsibility, in
accordance with paragraphs 31 to 34 of this Judgment, and holds that there was a violation
of the rights to fair trial and judicial protection, as enshrined in Articles 8(1) and 25(1) of
the American Convention on Human Rights, respectively, in connection with the general
obligation to respect and guarantee the rights laid down in Article 1(1) thereof, to the
detriment of Jacobo Roberto Kawas-Cury, Blanca Fernández, Selsa Damaris Watt-Kawas,
Jaime Alejandro Watt-Kawas, Jacobo Roberto Kawas-Fernández, Jorge Jesús KawasFernández and Carmen Marilena Kawas-Fernández, in the terms of paragraphs 117 to 119
of this Judgment.
2.
The State violated the right to life enshrined in Article 4(1) of the American
Convention on Human Rights, in connection with the obligation to respect and guarantee
laid down in Article 1(1) thereof, to the detriment of Blanca Jeannette Kawas-Fernández, in
accordance with paragraphs 72 to 108 of this Judgment.
3.
The State violated the right to humane treatment enshrined in Article 5(1) of the
American Convention on Human Rights, in connection with Article 1(1) thereof, to the
detriment of Jacobo Roberto Kawas-Cury, Blanca Fernández, Selsa Damaris Watt-Kawas,
Jaime Alejandro Watt-Kawas, Jacobo Roberto Kawas-Fernández, Jorge Jesús KawasFernández and Carmen Marilena Kawas-Fernández, in accordance with paragraphs 131 to
139 of this Judgment.
4.
The State violated the right to freedom of association recognized in Article 16(1) of
the American Convention on Human Rights, in connection with Article 1(1) thereof, to the
detriment of Mrs. Blanca Jeannette Kawas-Fernández, in accordance with paragraphs 151 to
155 of this Judgment.
5.
In accordance with paragraphs 122 and 122 of this Judgment, a State’s failure to
comply with its duty to adopt domestic measures under Article 2 of the American
Convention has not been established.
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