XI
OPERATIVE PARAGRAPHS
335.
Therefore,
THE COURT
DECIDES,
by unanimity,
1.
To dismiss the preliminary objections presented by the State, under the terms of
paragraphs 23 to 30, 35 to 40 and 48 to 60 of this Judgment.
DECLARES,
by unanimity, that:
1.
The State is responsible for the violation of Article 8(1), in relation to Articles 19 and
1(1) of the American Convention, for having exceeded the reasonable term, to the
detriment of Sebastián Claus Furlan, under the terms of paragraphs 147 to 152, 156 to 159,
164 to 175, 179 to 190 and 194 to 205 of this Judgment.
2.
The State is responsible for the violation of the right to judicial protection and the
right to private property, enshrined in Articles 25(1), 25 (2.c) and 21, in relation to Article
1(1) of the American Convention, to the detriment of Sebastián Claus Furlan, as established
in paragraphs 209 to 223 of this Judgment.
3.
The State is responsible for the violation of the right to be heard enshrined in Article
8(1), in relation to Articles 19 and 1(1) of the American Convention to the detriment of
Sebastián Claus Furlan, under the terms of paragraphs 228 to 233 of this Judgment.
4.
The State is responsible for the lack of participation of the Juvenile Defender, in
violation of the right to judicial guarantees established in Article 8(1), in relation to Articles
19 and 1(1) of the American Convention, to the detriment of Sebastián Claus Furlan, under
the terms of paragraphs 237 to 243 of this Judgment.
5.
The State is responsible for the violation of the right to personal integrity enshrined
in Article 5(1) and the right to access to justice established in Articles 8(1) and 25, in
relation to Article 1(1) of the American Convention, to the detriment of Danilo Furlan,
Susana Fernández, Claudio Erwin Furlan and Sabina Eva Furlan, in accordance with
paragraphs 249 to 265 of this Judgment.
6.
The State is responsible for failing to comply with the obligation to guarantee,
without discrimination, the right to a fair trial and the right to personal integrity under the
103
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