2
2.
The Inter-American Commission on Human Rights (hereinafter “the
Commission” or “the Inter-American Commission”) submitted the instant case by
application dated August 8, 1996. On September 20, 1996, the State filed seven
preliminary objections. The Court delivered its judgment on those preliminary
objections on May 28, 19991 and its judgment on the merits of the case on August
16, 2000. There, the Court:
unanimously,
1.
declare[d] that the State violated, to the detriment of Nolberto Durand Ugarte
and Gabriel Pablo Ugarte Rivera, Article 4(1) of the American Convention on Human
Rights.
by six votes against one,
2.
declare[d] it ha[d] not been proven that the State violated, to the detriment of
Nolberto Durand Ugarte and Gabriel Pablo Ugarte Rivera, Article 5(2) of the American
Convention on Human Rights.
Judge Carlos Vicente de Roux Rengifo disagrees.
unanimously,
3.
declare[d] that the State violated, to the detriment of Nolberto Durand Ugarte
and Gabriel Pablo Ugarte Rivera, Article 7(1) and 7(5) of the American Convention on
Human Rights.
unanimously,
4.
declare[d] that the State violated, to the detriment of Nolberto Durand Ugarte
and Gabriel Pablo Ugarte Rivera, Articles 7(6) and 25(1) of the American Convention on
Human Rights.
unanimously,
5.
declare[d] that the State violated, to the detriment of Nolberto Durand Ugarte
and Gabriel Pablo Ugarte Rivera, as well as their relatives, Articles 8(1) and 25(1) of the
American Convention on Human Rights.
unanimously,
6.
declare[d] that the State has failed to comply with the general obligations of
Articles 1(1) and 2 of the American Convention on Human Rights regarding the
violations of the substantive rights included in the above decisions in th[at] judgment.
unanimously,
7.
decide[d] that the State [was] compelled to make every possible effort to
locate and identify the victims’ mortal remains and deliver them to their relatives, as
well as to investigate the facts and process and sanction the liable parties.
unanimously,
8.
decide[d] that the State must compensate damages caused by the violations.
unanimously,
9.
decide[d] to open the stage of reparations; therefore, it entrust[ed] its
President with adopting timely necessary measures.
1
50.
Cf. Durand and Ugarte Case, Preliminary Objections, Judgment of May 28, 1999. Series C No.