VIII
OPERATIVE PARAGRAPHS
103.
Therefore,
THE COURT
DECIDES,
Unanimously,
1.
To ratify the “Friendly settlement agreement and the State’s acknowledgment of
responsibility” signed by the victims, their representatives and Mexico.
2.
To accept the State’s full acknowledgement of international responsibility expressed in this
agreement.
To view in a positive light the aforementioned “Friendly settlement agreement and the
State’s acknowledgment of responsibility” given its significance in achieving a settlement to the
dispute in this international proceeding.
3.
DECLARES,
Unanimously that,
4.
As acknowledged in the friendly settlement agreement, the State is responsible for “the
violation of the following rights contained in the C[onvention]: personal liberty (Article 7),
humane treatment (Article 5), right to a fair trial and judicial protection (Articles 8 and 25), all in
relation to the general responsibility to respect rights (Article 1(1)); for the violation of provisions
1, 8 and 10 of the Inter-American Convention to Prevent and Punish Torture; and for the
violation of the obligation to adopt provisions of domestic law (Article 2 of the American
Convention, in connection with Article 6 of Inter-American Convention to Prevent and Punish
Torture),” to the detriment of Messrs. Juan García Cruz and Santiago Sánchez Silvestre.
AND ORDERS,
Unanimously that,
5.
This Judgment constitutes per se a form of reparation.
6.
In accordance with the friendly settlement agreement, the State shall:
a) “diligently undertake and complete all the investigations and actions necessary to
determine responsibilities and [,] if necessary, to punish the commission of the crime
of torture, to the detriment of Messrs. García Cruz and Sánchez Silvestre, according to
the terms of paragraphs 69 to 71 of this Judgment;
b) “expunge any criminal records that may exist against Messrs. [García Cruz and
Sánchez Silvestre],” in relation to the facts of this case, under the terms of paragraphs
72 and 73 of this Judgment;
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