IX.
OPERATIVE PARAGRAPHS
299.
Therefore,
THE COURT
DECIDES,
Unanimously that:
1.
The preliminary objections filed by the Plurinational State of Bolivia are inadmissible, in
accordance with paragraphs 15, 21 to 25, 29, 33, 38, 39 and 41 of this Judgment.
DECLARES,
unanimously that:
2.
The Plurinational State of Bolivia is responsible for the violation of the right to seek and
receive asylum, of the principle of non-refoulement (contained in the right to freedom of
movement and residence) and of the rights to judicial guarantees and to judicial protection,
recognized in Articles 22(7), 22(8), 8 and 25 of the American Convention, in relation to Article
1(1) of this instrument, to the detriment of Rumaldo Juan Pacheco Osco, Fredesvinda Tineo
Godos, and Frida Edith, Juana Guadalupe and Juan Ricardo, all three with the last name Pacheco
Tineo, in accordance with paragraphs 126 to 199 of this Judgment.
3.
The Plurinational State of Bolivia is responsible for the violation of the right to mental and
moral integrity, recognized in Article 5(1) of the American Convention, in relation to Article 1(1)
thereof, to the detriment of Rumaldo Juan Pacheco Osco, Fredesvinda Tineo Godos, and Frida
Edith, Juana Guadalupe and Juan Ricardo, all three with the last name Pacheco Tineo, in
accordance with paragraphs 206 to 208 of this Judgment.
4.
The Plurinational State of Bolivia is responsible for the violation of the right to protection
of children and the family, recognized in Articles 19 and 17 of the American Convention, in
relation to Articles 8(1), 22(7), 22(8), 25 and 1(1) thereof, to the detriment of Frida Edith,
Juana Guadalupe and Juan Ricardo, all with the last name Pacheco Tineo, in accordance with
paragraphs 216 to 229 of this Judgment.
5.
The Plurinational State of Bolivia is not responsible for the alleged violation of the right to
physical integrity recognized in Article 5(2) of the American Convention, for the reasons
indicated in paragraphs 204 to 206 and 208 of this Judgment.
6.
It is not in order to analyze the facts under Articles 9 and 2 of the American Convention,
for the reasons indicated in paragraph 237 of this Judgment.
AND ESTABLISHES,
unanimously that:
7.
This Judgment constitutes per se a form of reparation.
8.
The Plurinational State of Bolivia must make the publications of this Judgment as
described in paragraph 262 hereof.
86
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