51
198. The amounts assigned in this judgment as compensation and as reimbursement of
costs and expenses must be delivered to the beneficiary integrally, as established in this
judgment, without any reductions arising from possible taxes or charges.
199. If the State falls in arrears, it shall pay interest on the amount owed corresponding
to bank interest on arrears in Argentina.
200. In keeping with its consistent practice, the Court reserves the authority, inherent in
its attributes and derived also from Article 65 of the American Convention, to monitor
compliance with all aspects of this judgment. The case will be closed when the State has
fulfilled all aspects of the judgment. Within one year of notification of this judgment, the
State must provide the Court with a report on the measures adopted to comply with it.
XI
OPERATIVE PARAGRAPHS
201.
Therefore,
THE COURT
DECIDES:
Unanimously,
1.
To reject the preliminary objection of “substantial change in the purpose of the
application” in relation to the failure to exhaust domestic remedies filed by the State, in
accordance with paragraphs 15 to 22 of this judgment.
DECLARES:
Unanimously that:
2.
The State violated the right to personal liberty embodied in Article 7(1), 7(2) and
7(5) of the American Convention on Human Rights, in relation to Article 1(1) thereof, to the
detriment of Juan Carlos Bayarri, in accordance with paragraphs 61, 68 and 77 of this
judgment.
3.
The State violated the right to humane treatment embodied in Article 5(1) and 5(2)
of the American Convention on Human Rights, in relation to Article 1(1) thereof, to the
detriment of Juan Carlos Bayarri, in accordance with paragraphs 87 and 94 of this
judgment.
4.
The State violated the rights embodied in Article 8(1), 8(2) and 8(2)(g) of the
American Convention on Human Rights, in relation to Article 1(1) thereof, to the detriment
of Juan Carlos Bayarri, in accordance with paragraphs 107, 109 and 111 of this judgment.
5.
The State violated the rights embodied in Articles 8(1) and 25(1) of the American
Convention on Human Rights, in relation to Article 1(1) thereof, to the detriment of Juan
Carlos Bayarri, in accordance with paragraph 117 of this judgment.