2.
To dismiss the preliminary objection regarding the fourth instance, pursuant to
paragraphs 31 and 32 of this judgment.
DECLARES:
Unanimously, that:
3.
The State is responsible for the violation of the rights to freedom of thought and
expression, established in Articles 13(1) and 13(2) of the American Convention on Human
Rights, in relation to Articles 1(1) and 2 of the same instrument, to the detriment of Carlos
Baraona Bray, pursuant to paragraphs 116 to 133 of this judgment.
By four votes in favor and two against, that:
4.
The State is responsible for the violation of the principle of legality established in Article
9 of the American Convention on Human Rights, in relation to Article 13 of the American
Convention and Articles 1(1) and 2 of the same instrument, to the detriment of Carlos Baraona
Bray, pursuant to paragraphs 137 to 142 of this judgment.
Dissenting, Judge Humberto Antonio Sierra Porto and Judge Nancy Hernández López.
Unanimously, that:
5.
The State is responsible for the violation of the right to judicial protection, established
in Article 25(1) of the American Convention on Human Rights, in relation to Article 1(1) of the
same instrument, to the detriment of Carlos Baraona Bray, pursuant to paragraphs 147 to
153 of this judgment.
AND ESTABLISHES:
Unanimously, that:
6.
This judgment constitutes, per se, a form of reparation.
Unanimously, that:
7.
The State shall adopt, within six months of notification of this judgment, the necessary
measures to ensure that an annotation appears in the judicial file of the case and in the
conviction handed down against Mr. Baraona, pursuant to paragraphs 162 to 164 of this
judgment.
Unanimously, that:
8.
The State shall issue the publications indicated in paragraph 169 of this judgment.
By four votes in favor and two against, that:
9.
The State shall adopt the legislative measures related to the definition of the crime of
insults in accordance with the parameters established in this judgment, pursuant to paragraphs 173
to 176 of this judgment.
Dissenting, Judge Humberto Antonio Sierra Porto and Judge Nancy Hernández López.
54