X
OPERATIVE PARAGRAPHS
248.
Therefore,
THE COURT
DECIDES,
Unanimously,
1.
To reject the State’s preliminary objection regarding the inadmissibility of this case
before the Court, under the terms of paragraphs 24 to 26 of this judgment.
DECLARES:
Unanimously, that:
2.
The State is responsible for the violation of the right to freedom of expression and
political rights, established in Articles 13(1), 13(2) and 23 of the American Convention on
Human Rights, in relation to Article 1(1) thereof, to the detriment of Tulio Álvarez Ramos,
under the terms of paragraphs 93 to 132 of this judgment.
Unanimously, that:
3.
The State is responsible for the violation of the right to a fair trial, established in Article
8(2), subparagraphs c and f, of the American Convention on Human Rights, under the terms
of paragraphs 143 to 160 of this judgment.
Unanimously, that:
4.
The State is responsible for the violation of the right to freedom of movement and
residence, recognized in Article 22 of the American Convention on Human Rights, in relation
to Articles 1(1) and 8 thereof, to the detriment of Tulio Álvarez Ramos, under the terms of
paragraphs 171 to 179 of this judgment.
Unanimously, that:
5.
The State is not responsible for the violation of the right to judicial protection,
established in Article 25(1) of the American Convention on Human Rights, under the terms of
the paragraphs 183 to 191 of this judgment.
AND ORDERS:
Unanimously, that:
6.
This judgment is per se a form of reparation.
7.
The State shall adopt all the necessary measures to set aside the conviction against
Mr. Álvarez and the consequences derived therefrom, and to expunge any judicial or
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