35
IX
OPERATIVE PARAGRAPHS
82.
Therefore,
THE COURT
DECLARES,
Unanimously, that
1.
It dismisses the two preliminary objections lodged by the State, as stated in
paragraphs 40 through 46 and 50 through 54 of this Judgment.
2.
In view of the limited factual support available to the Court, it has not been
demonstrated that the State in the instant case violated the Right to a Fair Trial and the
Right to Judicial Protection guaranteed in Articles 8 and 25 of the American Convention on
Human Rights, for the reasons expressed in paragraphs 74 through 81 of this Judgment.
AND DECIDES,
Unanimously,
3.
To close the file.
Done in San Jose, Costa Rica on November 28, 2006 in Spanish and Portuguese, the
Spanish text being authentic.
Sergio García-Ramírez
President
Alirio Abreu-Burelli
Cecilia Medina-Quiroga
Antônio A. Cançado Trindade
Manuel E. Ventura-Robles
Diego García-Sayán
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