VIII
OPERATIVE PARAGRAPHS
105.
Therefore,
THE COURT DECIDES,
Unanimously,
1.
To reject the preliminary objection of “fourth instance,” pursuant to paragraphs 18 to
19 of this judgment.
DECLARES,
By five votes to two, that:
2.
The State is not responsible for the violation of the rights recognized in Articles 8, 9
and 23 of the American Convention on Human Rights, in relation to the obligations to respect
and to ensure those rights and to adopt domestic legislative provisions established in Articles
1(1) and 2 of this instrument, pursuant to paragraphs 70 to 96 of this judgment.
Dissenting Judges L. Patricio Pazmiño Freire and Eduardo Ferrer Mac-Gregor Poisot.
By five votes to two, that:
3.
The State is not responsible for the violation of the right recognized in Article 25 of the
American Convention on Human Rights, in relation to the obligations to respect and to ensure
that right and to adopt domestic legislative provisions established in Articles 1(1) and 2 of
this instrument, pursuant to paragraphs 100 to 104 of this judgment.
Dissenting Judges L. Patricio Pazmiño Freire and Eduardo Ferrer Mac-Gregor Poisot.
By five votes to two, that:
4.
Since the international responsibility of the State has not been established, there is no
need to rule on reparations, costs and expenses.
Dissenting Judges L. Patricio Pazmiño Freire and Eduardo Ferrer Mac-Gregor Poisot.
AND ESTABLISHES:
Unanimously, that:
5.
The Secretariat of the Court shall notify this judgment to the Republic of Peru, the
representatives of Mr. Cordero Bernal and the Inter-American Commission on Human Rights.
By five votes to two:
6.
The case file be closed.
Dissenting Judges L. Patricio Pazmiño Freire and Eduardo Ferrer Mac-Gregor Poisot.
27