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amparo proceeding and the request for an injunction, pursuant to paragraphs 318 and 323 of this
judgment.
By five votes to two, that:
11.
It has not been proved that the State violated the guarantees of independence and
impartiality established in Article 8(1) in relation to Article 1(1) of the American Convention, in the
context of the administrative appeal for nullification, pursuant to paragraph 278 of this judgment.
By five votes to two, that:
12.
It has not been proved that the State violated the guarantees of independence and
impartiality established in Article 8(1) in relation to Article 1(1) of the American Convention, when
processing the action on joint and separate interests, pursuant to paragraph 305 of this judgment.
By five votes to two, that:
13.
It has not been proved that the State violated the right to property established in Article
21 in relation to Article 1(1) of the American Convention, pursuant to paragraph 359 of this
judgment.
AND ESTABLISHES,
Unanimously, that:
14.
This judgment constitutes, per se. a form of reparation.
By five votes to two, that:
15.
The State shall re-establish the concession of the frequency on the electromagnetic
spectrum corresponding to television channel 2 in accordance with paragraph 380 of this judgment
and shall return the property that is the subject of the interim measure, pursuant to paragraph
381 of this judgment.
By five votes to two, that:
16.
When the RCTV concession has been re-established, the State shall, within a reasonable
time, order the opening of an open, independent and transparent process to grant the frequency
on the electromagnetic spectrum corresponding to television channel 2 and, to this end, shall
following the procedure established in the LOTEL or the relevant domestic law in force, pursuant
to paragraph 382 of this judgment.
Unanimously, that:
17.
The State shall, with six months of notification of this judgment, make the publications
indicated in paragraph 386 of the judgment, as indicated therein.
Unanimously, that:
18.
The State shall take the necessary measures to ensure that all future processes to assign
and renew radio and television frequencies are conducted in an open, independent and transparent
manner, pursuant to paragraph 394 of this judgment.
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