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Rights, in relation to Articles 1(1) and 2 thereof, in the terms of paragraphs 134 to 205 of
this judgment.
4.
The State did not violate, to the detriment of Jorge Castañeda Gutman, the right to
equal protection of the law, recognized in Article 24 of the American Convention on Human
Rights, in relation to Articles 1(1) thereof, in the terms of paragraphs 206 to 212 of this
judgment.
AND ORDERS,
unanimously, that:
5.
This judgment constitutes per se a form of reparation.
6.
The State shall, within a reasonable time, complete the adaptation of its domestic
law to the Convention, in order to adapt the secondary legislation and the norms that
regulate the action for the protection of the rights of the citizen to the provisions of the
constitutional reform of November 13, 2007, so that, using this remedy, citizens are
effectively guaranteed the possibility of contesting the constitutionality of the legal
regulation of the right to be elected, in the terms of paragraphs 227 to 231 of this
judgment.
7.
The State shall publish once in the official gazette and in another daily newspaper
with widespread circulation, paragraphs 77 to 133 of this judgment, without the footnotes,
and its operative paragraphs within six months of notification of this judgment, in the terms
of paragraphs 232 to 235 hereof.
8.
The State shall pay Jorge Castañeda Gutman the amount established in paragraph
244 of this judgment, for reimbursement of costs and expenses, within six months of
notification of this judgment.
9.
The Court will monitor full compliance with this judgment, in the exercise of its
attributes and in compliance with its obligations under the American Convention, and will
close this case when the State has complied fully with its terms. Within one year from
notification of this judgment, the State shall provide the Court with a report on the
measures adopted to comply with the judgment.
Done, at San José, Costa Rica, on August 6, 2008, in the Spanish and the English
languages, the Spanish text being authentic.
Cecilia Medina Quiroga
President
Diego García-Sayán
Manuel Ventura Robles
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