X
OPERATIVE PARAGRAPHS
240.
Therefore,
THE COURT
DECIDES,
unanimously,
1.
To accept the partial acknowledgment of international responsibility made by the
State and to endorse the agreement on reparations signed by the parties, in the terms of
paragraphs 13 and 16 to 24 of the Judgment.
DECLARES,
unanimously, that:
1.
The State is responsible for the forced disappearance and, therefore, for the violation
of the rights to personal liberty, personal integrity, life, and recognition of juridical
personality protected in Articles 7, 5(1), 5(2), 4(1) and 3, in relation to Article 1(1), all of
the American Convention, and in relation to Articles I(a) of the Inter-American Convention
on Forced Disappearance of Persons, to the detriment of Edgar Fernando García, in
accordance with the provisions of paragraphs 93 to 114 of this Judgment.
2.
The State is responsible for the violation of freedom of association established in
Article 16(1) of the American Convention, in relation to Article 1(1) of this instrument, to
the detriment of Edgar Fernando García, in the terms of paragraphs 116 to 121 of this
Judgment.
3.
The State is responsible for the failure to comply with its obligation to ensure, by an
effective investigation, the rights recognized in Articles 7, 5(1), 5(2), 4(1) and 3 of the
American Convention, in relation to Article 1(1) of this instrument and Article I(b) of the
Inter-American Convention on Forced Disappearance of Persons, to the detriment of Edgar
Fernando García, as established in paragraph 155 of this Judgment.
4.
The State is responsible for the violation of the rights to judicial guarantees and to
judicial protection established in Articles 8(1) and 25(1) of the American Convention, in
relation to Article 1(1) of this instrument and Article I(b) of the Inter-American Convention
on Forced Disappearance of Persons, to the detriment of Nineth Varenca Montenegro
Cottom, Alejandra García Montenegro and María Emilia García, as established in paragraphs
128 to 155 of this Judgment.
5.
The State is responsible for the violation of the right to personal integrity established
in Article 5(1) and 5(2) of the American Convention, in relation to Article 1(1) of this
instrument, to the detriment of Nineth Varenca Montenegro Cottom, Alejandra García
Montenegro and María Emilia García, as established in paragraphs 161 to 169 of this
Judgment.
6.
The State is responsible for the violation of the right to freedom of association
established in Article 16(1) of the American Convention, in relation to the obligation to
respect and ensure rights established in Article 1(1) of this instrument, to the detriment of
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