103
.
6.
The facts of the present case shall not be analyzed under Articles 1, 2, and 7(b) of
the Inter-American Convention for the Prevention, Punishment, and Eradication of Violence
against Women (“Convention of Belem do Pará”) for the reasons stated in paragraphs 274
through 280 of the present Judgment.
The Judge ad hoc Pasceri Scaramuzza disagrees regarding the operative parts.
AND ORDERS:
By six votes against one, that:
7.
This judgment constitutes, per se, a form of reparation.
8.
The State shall carry out, effectively and within a reasonable term, the investigations
and criminal proceedings opened at a domestic level that are still in process, as well as
those opened in the future, all in order to determine the responsibilities for the facts of this
case and apply the consequences established by law, in the terms of paragraph 404 of the
present Judgment.
9.
The State shall publish in the Official Newspaper and in another of ample national
circulation, for a single time, 1 through 5, 103 through 155, 265 through 273, 288 through
290, 305, 306, 318, 330 through 334, 395 through 397, and 403 through 406 and the
operative paragraphs of the present Judgment, without the corresponding footnotes, all
within in a six-month term computed as of the notification of the present judgment, in the
terms of paragraph 405 thereof.
10.
The State shall adopt the necessary measures to avoid illegal restrictions and direct
or indirect hindrances on the exercise of the freedom to seek, receive, and impart
information of the people that appear as victims in the present case, in the terms of
paragraph 406 thereof.
11.
The State must pay the amount set in paragraph 409 of the present Judgment, as
reimbursement of costs and expenses, within a one-year term, computed as of the
notification of the present judgment, in the terms of paragraphs 410 through 414 thereof.
12.
It will monitor full compliance with this judgment and will consider the case closed
when the State has complied fully its provisions. Within one year from the notification of
this judgment, the State must provide the Court with a report on the measures taken to
comply with this judgment.
The Judge ad hoc Pasceri Scaramuzza dissents with regard to the operative paragraphs.
The Judge ad hoc Pasceri Scaramuzza presented before the Court his Partially Dissenting
Opinion, which is enclosed with this Judgment.
Done in Spanish and English, the Spanish being authentic, in San José, Costa Rica, on
January 28, 2009.