56
1.
The Court takes note of the “friendly settlement” undertaken by Ms. Carmen
Alicia Estrada and the State on January 23, 2007, as well as Ms. Estrada’s
renunciation of claims alleged during these proceedings, in the terms of paragraphs
69 and 70 of the present Judgment.
2.
The State violated the rights to a fair trial, judicial protection, and personal
integrity enshrined in Articles 8(1), 25(1), and 5(1) of the American Convention on
Human Rights, all in conjunction with Article 1(1) of the Convention, to the detriment
of Mr. José Mauricio García Prieto Hirlemann and Ms. Gloria Giralt de García Prieto, in
accordance with paragraphs 97 to 121 of the present Judgment.
3.
The State violated the rights to a fair trial and judicial protection enshrined in
Articles 8(1) and 25(1) of the American Convention on Human Rights, in conjunction
with Article 1(1) of the Convention, and the right to personal integrity enshrined in
Article 5(1) of the American Convention, due to the failure to investigate the threats
and harassment suffered by Mr. José Mauricio García Prieto Hirlemann and Ms. Gloria
Giralt de García Prieto, in the terms of paragraphs 128 to 160 of the present
Judgment.
AND ORDERS,
By unanimity, that
4.
This Judgment constitutes per se a form of reparation.
5.
The State shall, bring to a proper conclusion, within a reasonable time, the
pending investigation into the homicide of Ramón Mauricio García Prieto and the
investigation into the threats and harassment in the terms of paragraphs 192 to 197
of the present Judgment.
6.
In the terms of paragraph 198 of the present Judgment, the State shall
publish, in its official gazette and in another newspaper of broad national circulation,
the following: the operative paragraphs of this Judgment, as well as the following
paragraphs: 1 to 3, 5 to 11 of Section I, titled “Introduction to the Case and SubjectMatter of Dispute”; 76 to 160 of Section VIII, titled “Article 5 (Right to Humane
Treatment), 8(1) (Right to a Fair Trial) and 25(1) (Right to Judicial Protection) in
relation with Article 1(1) (Obligation to Respect Rights) of the Convention, including
the names of each section and subsection respectively and without the footnotes.
This publication should be effectuated once within six months, counted from the date
of notification of the present Judgment upon the parties.
7.
The State shall provide, free of charge, the medical, psychiatric, and
psychological assistance that may be needed by José Mauricio García Prieto
Hirlemann and Gloria Giralt de García Prieto, in the terms of paragraphs 200 and 201
of the present Judgment.
8.
The State shall pay José Mauricio García Prieto Hirlemann and Gloria Giralt de
García Prieto the amounts established in paragraph 185 of the present Judgment, as
compensation for non-pecuniary damages, within a period of one year counted from
the date of service of the present Judgment upon the parties, as established in
paragraphs 183 to 186 of the present Judgment.
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