113
1. Admit partially the preliminary objection on lack of jurisdiction ratione
temporis filed by the State, pursuant to the paragraphs 15 to 19 of the
present Judgment.
2. Dismiss the remaining preliminary objections filed by the State, in the
terms of the paragraphs 26 to 31 and 38 to 42 and 46 to 49 of the present
Judgment.
DECLARES,
unanimously, that:
3. The provisions of the Brazilian Amnesty Law that prevent the investigation
and punishment of serious human rights violations are not compatible with
the American Convention, lack legal effect, and cannot continue as
obstacles for the investigation of the facts of the present case, neither for
the identification and punishment of those responsible, nor can they have
equal or similar impact regarding other serious violations of human rights
enshrined in the American Convention which occurred in Brazil.
4. The State is responsible for the enforced disappearance, and therefore,
the violation of the rights to juridical personality, to life, to personal
integrity, and to personal liberty, established in Articles 3, 4, 5, and 7 of
the American Convention on Human Rights, in relation to Article 1(1) of
said instrument, to the detriment of the persons indicated in paragraph
125 of the present Judgment, in the terms of paragraphs 101 to 125 of
the present Judgment.
5. The State has not complied with its obligation to adapt its domestic law to
the American Convention on Human Rights, pursuant to Article 2, in
relation to Articles 8(1), 25, and 1(1) thereof, as a consequence of the
interpretation and application given to the Amnesty Law in cases of
serious violations of human rights. Likewise, the State is responsible for
the violation of the rights to fair trail [judicial guarantees] and judicial
protection enshrined in Articles 8(1) and 25(1) of the American
Convention on Human Rights, in relation to Articles 1(1) and 2 of said
instrument, for failure to investigate the facts of the present case,
prosecute, and punish those responsible, to the detriment of next of kin of
the disappeared persons and the executed person indicated in paragraphs
180 and 181 of the present Judgment, in the terms of paragraphs 137 to
182 thereof.
6. The State is responsible for the violation of the right to freedom of thought
and expression enshrined in Article 13 of the American Convention on
Human Rights, in relation to Articles 1(1), 8(1), and 25 of the same
instrument, for the harm to the right to seek and receive information, as
well as to the right to know the truth. Likewise, the State is responsible for
the violation of the rights to fair trial [judicial guarantees] established in
Article 8(1) of the American Convention, in relation to Articles 1(1) and
13(1), given the lapse of a reasonable period for the Ordinary Action, all to
the detriment of the next of kin indicated in paragraphs 212, 213, and 225
of the present Judgment, in conformity with that expressed in paragraphs
196 to 225 of the Judgment.
7. The State is responsible for the violation of the right to humane treatment
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