57
1.
To reject the preliminary objections filed by the State, in the terms of
paragraphs 58 to 60, 65 to 71 and 75 to 78 of this judgment.
DECLARES,
unanimously, that:
2.
The State violated, to the detriment of the 257 victims listed in the Appendix
to this judgment, the rights to a fair trial and to judicial protection embodied in
Articles 8(1) and 25 of the Convention, in relation to the general obligation to
respect and ensure rights and to adopt domestic legal provisions established in
Articles 1(1) and 2 thereof, in the terms of paragraphs 106 to 132 of this judgment.
3.
This judgment constitutes per se a form of reparation.
AND ORDERS,
unanimously, that:
4.
The State must guarantee to the 257 victims listed in the Appendix to this
judgment access to a simple, prompt and effective recourse and, to this end, it must
establish, as soon as possible, an independent and impartial body with powers to
decide in a binding and final manner, whether or not the said persons were
dismissed in a justified and regular manner from the Congress of the Republic, and
to establish the corresponding legal consequences, including, if applicable, the
relevant compensation based on the specific circumstances of each individual, in the
terms of paragraphs 148, 149 and 155 of this judgment. The final decisions of the
body established for these effects must be adopted within one year of notification of
this judgment.
5.
The State must pay, within one year of notification of this judgment, the
amount established in paragraph 151 of this judgment, in favor of the 257 victims
whose names appear in the Appendix to this judgment, for non-pecuniary damage,
in the terms of paragraphs 156 and 158 to 161 of this judgment.
6.
The State must pay, within one year of notification of this judgment, the
amounts established for costs in paragraph 154, in the terms of paragraphs 157 to
161 of this judgment.
7.
The Court will monitor full compliance with this judgment
the case closed when the State has fully executed all its terms.
notification of this judgment, the State must send the Court
measures adopted to comply with it, in the terms of paragraph 162
and will consider
Within a year of
a report on the
hereof.
Done at San José, Costa Rica, on November 24, 2006, in Spanish and English, the
Spanish text being authentic.
Judges Sergio García Ramírez and Antônio Augusto Cançado Trindade informed the
Court of their separate opinions, which accompany this judgment.
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