101
312. Therefore,
THE COURT
DECLARES,
unanimously, that:
1.
It accepts the partial acknowledgment of international responsibility of the
State, in the terms established in paragraphs 25 to 31 of the present Judgment.
2.
The State is responsible for the enforced disappearance of María Claudia
García Iruretagoyena de Gelman, wherein it violated her right to juridical personality,
to life, to humane treatment [personal integrity], and to personal liberty, recognized
in Articles 3, 4, 5, and 7, in relation to Article 1(1) of the American Convention on
Human Rights and Articles I and XI of the Inter-American Convention on Forced
Disappearance of Persons, in the terms of paragraphs 44 to 63 and 79 to 101 of the
Judgment.
3.
The State is responsible for the suppression and substitution of the identity of
María Macarena Gelman García, which took place since her birth, until her true
identity was determined and expressed as a form of enforced disappearance, to
which, in said period, her right to juridical personality, to life, to humane treatment
[personal integrity], to personal liberty, to family, to a name, and to the rights of the
child, and to nationality, recognized in Articles 3, 4(1), 5(1), 7(1), 17, 18, 19, and
20(3), in relation to Article 1(1) of the American Convention on Human Rights in
Articles I and XI of the Inter-American Convention on Forced Disappearance of
Persons, in the terms of paragraphs 106 to 132 and 137 of the Judgment.
4.
The State is responsible for the violation of the right to humane treatment
[personal integrity] and the protection of the family, recognized in Articles 5(1) and
17, in relation to Article 1(1) of the American Convention on Human Rights, to the
detriment of Mr. Juan Gelman, pursuant to paragraphs 133 to 135 and 138 of the
Judgment.
5.
The State is responsible for the violation of the right to fair trial [judicial
guarantees] and judicial protection enshrined in Articles 8(1) and 25(1), in relation
to Articles 1(1) and 2 of the American Convention on Human Rights and Articles I(b)
and IV of the Inter-American Convention on Forced Disappearance of Persons, for
the failure to effectively investigate the facts in the present case, as well the
prosecution and punishment of those responsible, to the detriment of Mr. Juan
Gelman and María Macarena Gelman García, pursuant to paragraphs 225 to 246 of
the Judgment.
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