72
Unanimously, that
3.
The State is responsible for the violation of the right to the effective judicial protection
established in Articles 25(1) and 25(2)(c) of the American Convention, in relation to Article 1(1)
thereof, as well as Article 2 of the American Convention, to the detriment of Mr. Oscar Muelle Flores
pursuant to the provisions of paragraphs 123 to 149 of this Judgment.
Unanimously, that
4.
The State is responsible for the violation of reasonable time recognized in Article 8(1) of the
American Convention, in relation to Article 1(1) thereof, to the detriment of Oscar Muelle Flores, as
established in paragraphs 154 to 166 of this Judgment.
By four votes in favor and two against, that
5.
The State is responsible for the violation of the right to social security, pursuant to Article 26
of the American Convention, in relation to Articles 5, 8(1), 11(1), 25(1), 25(2)(c) and 1(1) thereof,
as well as Article 2 of the American Convention, to the detriment of Mr. Oscar Muelle Flores, as
established in paragraphs 170 to 208 of this Judgment.
Judges Eduardo Vio Grossi and Humberto Antonio Sierra Porto dissenting
By four votes in favor and two against, that
6.
The State is responsible for the violation of the right to property recognized in Article 21(1)
and 21(2), in relation to Articles 25(1), 25(2)(c), 26 and 1(1) of the American Convention, to the
detriment of Oscar Muelle Flores, as established in paragraphs 212 to 218 of this Judgment.
Judges Eduardo Vio Grossi and Humberto Antonio Sierra Porto dissenting
AND DECIDES,
Unanimously, that:
7.
This Judgment constitutes per se a form of reparation.
8.
The State must execute the domestic judgments adopted in favor of the victim and ensure the
effective payment of the pension of Mr. Oscar Muelle Flores, within a maximum period of six months
from notification of this Judgment, and maintain his provisional pension payments and his access to
social health insurance, as established in paragraphs 230 to 236 of this Judgment.
9.
The State must publish, within six months of notification of this Judgment, the publications
required in paragraph 239 of this Judgment, in the terms established therein.
10. The State must pay, within the time stipulated, the amounts ordered in paragraphs 251, 259,
267 and 274 of this Judgment for compensation and reimbursement of costs and expenses, in the
terms established in those paragraphs and in paragraphs 278 to 283 of this Judgment.
11. The State must reimburse the Victims’ Legal Assistance Fund of the Inter-American Court of
Human Rights for the amounts disbursed during the processing of this case, in the terms established
in paragraph 277 of this Judgment.