69 267. Therefore, THE COURT DECIDES, unanimously: 1. To dismiss the preliminary objection raised by the State, under the terms of paragraph 24 of this Judgment. DECLARES, unanimously that: 2. The State has not violated the right of Juan Carlos Apitz Barbera, Perkins Rocha Contreras and Ana María Ruggeri Cova to have a hearing by a competent court, in accordance with paragraphs 47 to 53 of this Judgment. 3. The State has not secured the right of Juan Carlos Apitz Barbera, Perkins Rocha Contreras and Ana María Ruggeri Cova to have a hearing by an impartial court, which is in violation of Article 8(1) of the American Convention on Human Rights, in relation to the general obligations set forth in Articles 1(1) and 2 thereof, in accordance with paragraphs 54 to 67 of this Judgment. 4. The State has not violated the right of Juan Carlos Apitz Barbera, Perkins Rocha and Ana María Ruggeri Cova to be heard in the proceedings for removal of the case to the upper court, neither has it violated the right of Juan Carlos Apitz Barbera and Perkins Rocha Contreras to be heard at a hearing in the appeals proceedings, in accordance with paragraphs 68 to 76 of this Judgment. 5. The State has failed to comply with the duty to state grounds arising from the guarantees of Article 8(1) of the American Convention on Human Rights, in relation to Article 1(1) thereof, to the detriment of Juan Carlos Apitz Barbera, Perkins Rocha Contreras and Ana María Ruggeri Cova, in accordance with paragraphs 77 to 94 of this Judgment. 6. It has not been established that the Judiciary, in general, is not independent, in accordance with paragraphs 96 to 108 of this Judgment.

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