1. To reject the preliminary objection concerning the violation of the State’s right to defense, pursuant to paragraphs 16 to 19 of this judgment. 2. To reject the preliminary objection concerning the failure to exhaust domestic remedies, pursuant to paragraphs 24 to 30 of this judgment. DECLARES, unanimously, that: 3. The State is responsible for violating Article 8(1) of the American Convention on Human Rights, in conjunction with Article 1(1), to the detriment of Gonzalo Orlando Cortez Espinoza, pursuant to paragraphs 96 and 98 of this judgment. 4. The State is responsible for violating Articles 7(1), 7(2), 7(4), and 7(5) of the American Convention on Human Rights, in conjunction with Article 1(1), as well as Articles 7(1), 7(3), 7(6), and 8(2), in conjunction with Articles 1(1) and 2, to the detriment of Gonzalo Orlando Cortez Espinoza, pursuant to paragraphs 119 to 145 of this judgment. 5. The State is responsible for violating Articles 5(1) and 5(2) of the American Convention on Human Rights, in conjunction with Article 1(1), to the detriment of Gonzalo Orlando Cortez Espinoza, pursuant to paragraphs 151 to 155 and 157 of this judgment. 6. The State is not responsible for violating Article 21 of the American Convention on Human Rights, pursuant to paragraphs 162 and 163 of this judgment. AND ESTABLISHES, unanimously, that: 7. This judgment constitutes, per se, a form of reparation. 8. The State shall make the publications indicated in paragraph 169 of this judgment. 9. The State shall pay the amount set in paragraph 184 of this judgment as a measure of rehabilitation. 10. The State shall pay the amounts established in paragraphs 182, 184, and 187 of this judgment as compensation for pecuniary and non-pecuniary damage and for reimbursement of costs and expenses, pursuant to paragraphs 191 to 196 of this judgment. 11. The State shall reimburse the Victims' Legal Assistance Fund of the Inter-American Court of Human Rights for the amount disbursed during the proceedings of this case, under the terms of paragraph 190 of this judgment. 12. The State, within one year of notification of this judgment, shall provide the Court with a report on the measures taken to comply with it, without prejudice to the provisions of paragraph 169 of this judgment. 13. The Court will monitor full compliance with this judgment in exercise of its authority and in fulfillment of its duties under the American Convention on Human Rights and will consider this case closed when the State has complied fully with all its provisions. 43

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