2.
The State is responsible for the violation of the right to personal liberty contained in Article
7(1), 7(2), and 7(3) of the American Convention on Human Rights, in relation to Articles 1(1) and
2 of this instrument, to the detriment of Carlos Alberto Fernández Prieto, pursuant to paragraphs
19 to 21, 62 to 75 and 88 to 101 of this judgment; for the violation of the right to personal liberty,
to equality before the law and the prohibition of discrimination contained in Articles 7(1), 7(2),
7(3) and 24 of the American Convention on Human Rights, in relation to Articles 1(1) and 2 of
this instrument, to the detriment of Carlos Alejandro Tumbeiro, pursuant to paragraphs 19 to 21,
62 to 67 and 76 to 101 of this judgment and, based on the State’s acknowledgement of
responsibility, for the violation of the right to personal liberty contained in Article 7(5) of the
American Convention on Human Rights, in relation to Articles 1(1) and 2 of this instrument, to
the detriment of Carlos Alberto Fernández Prieto, pursuant to paragraphs 19 to 21 of this
judgment.
3.
The State is responsible for the violation of the right to privacy contained in Article 11 of
the American Convention on Human Rights, in relation to Articles 1(1) and 2 of this instrument,
to the detriment of Carlos Alberto Fernández Prieto and Carlos Alejandro Tumbeiro, pursuant to
paragraphs 19 to 21 and 102 to 110 of this judgment.
4.
The State is responsible, based on the State’s acknowledgement of responsibility, for the
violation of the rights contained in Articles 8(1), 8(2), 8(2)(h) and 25(1) of the American
Convention on Human Rights, in relation to Article 1(1) of this instrument, to the detriment of
Carlos Alberto Fernández Prieto and Carlos Alejandro Tumbeiro, pursuant to paragraphs 19 to 21
of this judgment.
AND ESTABLISHES:
Unanimously that:
5.
This judgment is per se a form of reparation.
6.
The State shall make the publications indicated in paragraph 117 of this judgment, within
six months of its notification.
7.
The State shall adapt its domestic law concerning the regulations that permit stopping and
searching vehicles or individuals without a court order, pursuant to paragraphs 121 and 122 of
this judgment.
8.
The State shall design and implement a training program for the police, the Public
Prosecution Service and the Judiciary, pursuant to paragraph 125 of this judgment.
9.
The State shall design and implement a system to compile data and figures on stop and
search, pursuant to paragraph 127 of this judgment.
10. The State shall pay the amounts established in paragraphs 132, 133 and 139 of this
judgment for pecuniary and non-pecuniary damage.
11. The State shall reimburse the Victims’ Legal Assistance Fund of the Inter-American Court of
Human Rights the sum disbursed during the processing of this case, pursuant to paragraph 143
of this judgment.
44
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents