15
VI
OPERATIVE PARAGRAPHS
47.
Therefore,
THE COURT,
DECIDES:
unanimously,
1.
To reaffirm its Order of April 26, 2004, in which it considered that the
preliminary objections filed by the State had been withdrawn and accepted the
State’s acknowledgement of international responsibility.
2.
To declare that the dispute concerning the facts that gave rise to this case
have ceased.
3.
To declare, in accordance with the terms of the State’s acknowledgement of
international responsibility and with the facts that have been established, that the
State violated the rights embodied in Articles 4(1) (Right to Life), 5(1) and 5(2)
(Right to Humane Treatment), 7 (Right to Personal Liberty), 8 (Right to a Fair Trial),
17 (Rights of the Family), 19 (Rights of the Child) and 25 (Judicial Protection) of the
American Convention on Human Rights, and that it failed to comply with the
obligations established in Articles 1(1) (Obligation to Respect Rights) and 2
(Domestic Legal Effects) thereof, to the detriment of Marco Antonio Molina Theissen;
the State also failed to comply with the obligation established in Articles I and II of
the Inter-American Convention on Forced Disappearance of Persons to the detriment
of Marco Antonio Molina Theissen, in the terms of paragraph 43 of this judgment.
4.
To declare, in accordance with the terms [of the State’s acknowledgement of
international responsibility and with] the facts that have been established, that the
State violated the rights embodied in Articles, 5(1) and 5(2) (Right to Humane
Treatment); 8 (Right to a Fair Trial); 17 (Rights of the Family), and 25 (Judicial
Protection) of the American Convention on Human Rights, and that it failed to
comply with the obligations established in Articles 1(1) (Obligation to Respect Rights)
and 2 (Domestic Legal Effects) thereof, to the detriment of the next of kin of Marco
Antonio Molina Theissen: Emma Theissen Álvarez vda. de Molina (mother), Carlos
Augusto Molina Palma (deceased father), Emma Guadalupe, Ana Lucrecia and María
Eugenia Molina Theissen (sisters), in the terms of paragraph 44 of this judgment.
5.
To continue hearing the reparations and costs stage of this case.
Done in Spanish and English, the Spanish text being authentic, in San José, Costa
Rica, on May 04, 2004.
Sergio García-Ramírez
President
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