39
3.
The State is responsible for the violation of the right to judicial guarantees established
in Article 8(2)(d) and 8(2)(e) of the American Convention on Human Rights, in relation to Article
4(1) of the American Convention on Human Rights and to the obligations established in Articles
1(1) and 2 of the Convention, to the detriment of Roberto Girón and Pedro Castillo Mendoza,
pursuant to paragraphs 94 to 111 and 123 of this judgment.
4.
The State is not responsible for the violation of the right to request an amnesty, pardon
or the commutation of the death penalty, and the principle of the public nature of proceedings
established in Articles 4(6) and 8(5), respectively, of the American Convention on Human
Rights, pursuant to paragraphs 73 and 74, and 120 to 122 and 123 of this judgment.
AND ESTABLISHES:
Unanimously, that:
5.
This judgment constitutes, per se, a form of reparation.
6.
The State shall make the publications indicated in paragraph 132 of this judgment.
7.
The State shall pay the sum established in paragraph 146 of this judgment as
compensation for non-pecuniary damage, pursuant to paragraphs 147 and 148 of this
judgment.
8.
The State shall reimburse the Victims’ Legal Assistance Fund of the Inter-American Court
of Human Rights the sum disbursed during the processing of this case, pursuant to paragraph
151 of this judgment.
9.
The State, within one year of notification of this judgment, shall provide the Court with
a report on the measures adopted to comply with it, without prejudice to the provisions of
paragraph 132 of this judgment.
10.
The Court will monitor full compliance with this judgment, in exercise of its authority
and in compliance with its duties under the American Convention on Human Rights, and will
consider this case closed when the State has complied fully with its provisions.