G. Monitoring of compliance with the Agreement
51.
The Court values the State’s willingness to provide reparations for the human rights
violations in this case, and confirms that the agreed measures seek to redress the damages
in a comprehensive manner, insofar as they provide pecuniary compensation, measures of
restitution, satisfaction and guarantees of non-repetition. Based on the foregoing, it sanctions
the reparation measures under the terms agreed by the parties. Within its framework of
monitoring compliance with judgments, the Court determines that it will monitor compliance
with all of the measures agreed by the parties. Regarding the measures of satisfaction agreed
by the parties, the Court will assess their compliance during two years and subsequently
determine whether it is necessary to continue monitoring compliance therewith.
52.
The friendly settlement agreement subscribed by the representatives on behalf of the
victims and the State has been sanctioned in this Judgment. Therefore, any dispute or
difference that arises in relation to it will be clarified by this Court.
VIII
OPERATIVE PARAGRAPHS
53.
Therefore,
THE COURT
DECIDES,
unanimously:
1.
To sanction, under the terms of this Judgment, the friendly settlement agreement
subscribed by the State and the victim’s representatives, pursuant to Chapter VII of this
Judgment.
2.
To accept the acknowledgment of international responsibility made by the State in said
Agreement.
DECLARES,
unanimously, that:
3.
The State violated the rights to life and humane treatment, contained in Articles 4(1)
and 5(1) of the American Convention on Human Rights, in connection with Articles 1(1) and
2 of the same instrument, to the detriment of Mirey Trueba Arciniega.
4.
The State violated the rights to humane treatment, to a fair trial and judicial protection,
as set forth in Articles 5(1), 8(1) and 25(1) of the American Convention, in connection with
Article 1(1) and 2 of the same instrument, to the detriment of the next of kin of Mirey Trueba
Arciniega, namely: his mother Micaela Arciniega, his father José Tomás Loera, and his
brothers Vidal Trueba Arciniega, Elías Trueba Arciniega, Tomás Trueba Arciniega, Eleazar
Heric Trueba Arciniega, Eduardo Trueba Molina and Samuel Trueba Arciniega.
AND ESTABLISHES
unanimously, that:
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