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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