109
XVII
OPERATIVE PARAGRAPHS
280.
Now therefore,
THE COURT,
DECIDES:
Unanimously,
1.
To dismiss the first preliminary objection filed by the State regarding “nonexhaustion of domestic remedies”.
2.
To dismiss the second preliminary objection filed by the State regarding “lack
of ratione materiae jurisdiction of the Inter-American Court to hear cases regarding
violations of the Inter-American Convention to Prevent and Punish Torture”.
AND DECLARES:
Unanimously, that:
3.
The State violated the Right to Personal Liberty embodied in Article 7(1),
7(2), 7(3), 7(4) and 7(5) of the American Convention on Human Rights, in
combination with Article 1(1) of that same Convention, to the detriment of Daniel
Tibi, in the terms set forth in paragraphs 94 to 122 of the instant Judgment.
4.
The State violated the Rights to Personal Liberty and to Judicial Protection
embodied in Articles 7(6) and 25 of the American Convention on Human Rights, in
combination with Article 1(1) of that same Convention, to the detriment of Daniel
Tibi, in the terms set forth in paragraphs 126 to 137 of the instant Judgment.
5.
The State violated the Right to Humane Treatment embodied in Article 5(1),
5(2) and 5(4) of the American Convention on Human Rights, in combination with
Article 1(1) of that same Convention, and it failed to comply with the obligations set
forth in Articles 1, 6 and 8 of the Inter-American Convention to Prevent and Punish
Torture, to the detriment of Daniel Tibi, in the terms set forth in paragraphs 142 to
159 and 162 of the instant Judgment.
6.
The State violated the Right to Humane Treatment embodied in Article 5(1)
of the American Convention, in combination with Article 1(1) of that same
Convention, to the detriment of Beatrice Baruet, Sarah and Jeanne Camila Vachon,
Lisianne Judith Tibi and Valerian Edouard Tibi, in the terms set forth in paragraphs
160 to 162 of the instant Judgment.
7.
The State violated the Right to Fair Trial, embodied in Article 8(1), 8(2),
8(2)(b), 8(2)(d), 8(2)(e) and 8(2)(g) of the American Convention on Human Rights,
in combination with Article 1(1) of that same Convention, to the detriment of Daniel
Tibi, in the terms set forth in paragraphs 167 to 200 of the instant Judgment.
8.
The State violated the Right to Property, embodied in Article 21 of the
American Convention on Human Rights, in combination with Article 1(1) of that same
Convention, to the detriment of Daniel Tibi, in the terms set forth in paragraphs 209
to 221 of the instant Judgment.
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