78
DECIDES,
Unanimously, to,
1.
Partially admit the preliminary objection of non-exhaustion of domestic remedies
raised by the State, in conformity with paragraphs 22 to 34 of the present Judgment.
2.
Declare as inadmissible the preliminary objection alleged of “objection to agree
upon a friendly settlement,” raised by the State, in conformity with paragraphs 38 and 39
of the present Judgment.
DECLARES,
Unanimously, to,
3.
Accept the partial recognition of international liability made by the State, in the
terms of the paragraphs 19 to 21 of the present Judgment.
4.
The State is responsible for the forced disappearance of Florencio Chitay Nech, and
as a consequence, violated the right to personal liberty, to humane treatment [personal
integrity], to life, to the right to juridical personality, and to the right to participate in
government enshrined in Articles 7(1), 5(1), 5(2), 3, 4(1), and 23(1) of the American
Convention on Human Rights, in relation with the obligation to respect and guarantee
rights, contained in Article 1(1) of the same, and with Article I(a) of the Inter-American
Convention on Forced Disappearance of Persons, to the detriment of Florencio Chitay Nech,
in the terms of the paragraphs 80 to 121 of the present Judgment.
5.
The State is responsible for the violations to the right of freedom of movement and
residence and the right to protection of the family, recognized in Articles 22 and 17 of the
Convention, in relation with Article 1(1) of the Convention, to the detriment of Encarnacion
and Pedro, with the last name of Chitay Rodriguez, in the terms of paragraphs 138 to 163
and 171 of the present Judgment.
6.
The State is responsible for the violations to the right of freedom of movement and
residence, the right to protection of the family, and the rights of the child, enshrined in
Articles 22, 17, and 19 of the American Convention on Human Rights, in relation with the
Article 1(1) of this instrument, to the detriment of Eliseo, Estermerio, and María Rosaura,
all with the last name of Chitay Rodríguez, in the terms of paragraphs 138 to 171 of the
present Judgment.
7.
The State is responsible for the violation of the rights to a fair trial and judicial
protection recognized in Articles 8(1) and 25(1) of the American Convention on Human
Rights, in relation with Article 1(1), to the detriment of Encarnación, Pedro, Eliseo,
Estermerio and María Rosaura, all with the last name of Chitay Rodríguez, as well as the
noncompliance of the obligation enshrined in Article I(b) of the Inter-American Convention
on the Forced Disappearance of Persons, in the terms of paragraphs 117, 191 to 209 of the
present Judgment.
8.
The State is responsible for the violation of the right to personal integrity recognized
in Article 5(1) of the American Convention on Human Rights, in relation with Article 1(1) of
the Convention, to the detriment of Encarnacion, Pedro, Eliseo, Estermerio, and Maria
Rosaura, all with the last name of Chitay Rodriguez, in the terms of the paragraphs 220 to
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