474. The amounts allocated in this Judgment as compensation for pecuniary and nonpecuniary damage, and to reimburse costs and expenses must be delivered to the persons
indicated in full, as established in this Judgment, without any reductions arising from eventual
taxes or charges.
475. If the State should fall in arrears, it must pay interest on the amount owed
corresponding to banking interest on arrears in Chile.
476. In accordance with its consistent practice, the Court reserves the power inherent in its
attributes and also derived from Article 65 of the American Convention to monitor full
compliance with this Judgment. The case will be closed when the State has complied fully with
all aspects of this Judgment.
477. Within one year of notification of this Judgment, the State must provide the Court with a
report on the measures adopted to comply with it.
478.
Therefore,
THE COURT
DECLARES,
unanimously that:
1.
The State violated the principle of legality and the right to the presumption of innocence,
established in Articles 9 and 8(2) of the American Convention on Human Rights, in relation to
Articles 1(1) and 2 of this instrument, to the detriment of Segundo Aniceto Norín Catrimán,
Pascual Huentequeo Pichún Paillalao, Víctor Manuel Ancalaf Llaupe, Juan Patricio Marileo
Saravia, Florencio Jaime Marileo Saravia, José Benicio Huenchunao Mariñán, Juan Ciriaco
Millacheo Licán and Patricia Roxana Troncoso Robles, in the terms of paragraphs 159 to 177 of
this Judgment.
unanimously that:
2.
The State violated the principle of equality and non-discrimination and the right to the
equal protection of the law, established in Article 24 of the American Convention on Human
Rights, in relation to Article 1(1) of this instrument, to the detriment of Segundo Aniceto Norín
Catrimán, Pascual Huentequeo Pichún Paillalao, Víctor Ancalaf Llaupe, Juan Patricio Marileo
Saravia, Florencio Jaime Marileo Saravia, José Benicio Huenchunao Mariñán, Juan Ciriaco
Millacheo Licán and Patricia Roxana Troncoso Robles, in the terms of paragraphs 222 to 228
and 230 of this Judgment.
unanimously that:
3.
The State violated the right of the defense to examine witnesses, established in Article
8(2)(f) of the American Convention on Human Rights, in relation to Article 1(1) of this
instrument, to the detriment of Pascual Huentequeo Pichún Paillalao and Víctor Manuel Ancalaf
Llaupe, in the terms of paragraphs 241 to 260 of this Judgment.
unanimously that:
4.
The State violated the right to appeal the judgment before a higher court, established in
Article 8(2)(h) of the American Convention on Human Rights, in relation to Article 1(1) of this
152
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