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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