42
4.
declares that the State violated, to the detriment of Nolberto Durand Ugarte
and Gabriel Pablo Ugarte Rivera, Articles 7(6) and 25(1) of the American Convention
on Human Rights.
unanimously,
5.
declares that the State violated, to the detriment of Nolberto Durand Ugarte
and Gabriel Pablo Ugarte Rivera, as well as their relatives, Articles 8(1) and 25(1) of
the American Convention on Human Rights.
unanimously,
6.
declares that the State has failed to comply with the general obligations of
Articles 1(1) and 2 of the American Convention on Human Rights regarding the
violations of the substantive rights included in the above decisions in this judgment.
unanimously,
7.
decides that the State is compelled to make every possible effort to locate
and identify the victims' mortal remains and deliver them to their relatives, as well
as to investigate the facts and process and sanction the liable parties.
unanimously,
8.
decides that the State must compensate damages caused by the violations.
unanimously,
9.
decides to open the stage of reparations; therefore, it entrusts its President
with adopting timely necessary measures.
Judge Carlos Vicente de Roux Rengifo informed the Court his Partially Dissenting
Opinion and Judge Fernando Vidal Ramírez told the Court his Reasoned Opinion,
attached to this judgment.
Written in Spanish and English, certifying the text in Spanish, in San José, Costa Rica
on August 16, 2000.
Antônio A. Cançado Trindade
President
Máximo Pacheco-Gómez
Alirio Abreu-Burelli
Carlos Vicente de Roux-Rengifo
Hernán Salgado-Pesantes
Sergio García-Ramírez
Fernando Vidal-Ramírez
Judge ad hoc
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