DECIDES:
Unanimously, that:
1.
The State is responsible for the violation of the right to a fair trial, enshrined in articles
8(2), 8(2)(g) and 8(2)(h) of the American Convention on Human Rights, in relation to the
obligation to guarantee the rights established in Article 1(1) of the Convention, in the process
that culminated in the death penalty, in the terms of paragraphs 109 to 115, 118 to 126, 127,
128 and 145 of this Judgment.
2.
The State is responsible for the violation of judicial guarantees to a fair trial and judicial
protection, enshrined in Articles 8(1) and 25(1) of the American Convention on Human Rights,
in relation to Article 1(1) of the same Convention, to the detriment of Tirso Román Valenzuela
Ávila for the lack of due diligence within a reasonable time in the investigation into his death,
in the terms of paragraphs 129 to 143, and 146.
3.
The State is responsible for the violation of judicial guarantees to a fair trial and judicial
protection, enshrined in articles 8(1) and 25(1) of the American Convention on Human Rights,
in relation to article 1(1) of the same treaty and in relation to the Articles 1, 6 and 8 of the
Inter-American Convention to Prevent and Punish Torture, to the detriment of Tirso Román
Valenzuela Ávila, due to the failure to investigate the torture he suffered, in the terms of
paragraphs 144 and 147 of this judgment.
4.
The State is responsible for the violation of the right to life and the principle of legality
enshrined in articles 4(2) and 9 of the American Convention on Human Rights, in relation to
the obligation to guarantee the rights established in articles 1(1) and 2 of the Convention, to
the detriment of Tirso Román Valenzuela Ávila, in the terms of paragraphs 151 to 156 and 158
of this judgment.
5.
The State is responsible for the violation of the right to life enshrined in Article 4(1) of
the American Convention on Human Rights, in relation to the obligation to guarantee the right
established in Article 1(1) of the Convention, to the detriment of Tirso Román Valenzuela Ávila,
for his extrajudicial execution, in the terms of paragraphs 162 to 176 of this judgment.
6.
The State is responsible for the violation of the right to humane treatment and to a
private life, enshrined in Articles 5(1) and 5(2) and 11(1) of the American Convention on Human
Rights, in relation to the obligation to guarantee the right established in Article 1(1) of the
Convention and in relation to Articles 1, 6 and 8 of the Inter-American Convention to Prevent
and Punish Torture, to the detriment of Tirso Román Valenzuela Ávila, in the terms of
paragraphs 180 to 208 of this judgment.
7.
The State is responsible for the violation of the right to personal liberty, enshrined in
Articles 7(1), 7(2) and 7(5) of the American Convention on Human Rights, in relation to the
obligation to guarantee the rights established in Article 1(1) of the Convention, to the detriment
of Tirso Román Valenzuela Ávila, in the terms of paragraphs 210 to 220 and 223 of this
Judgment.
8.
The State is not responsible for the violation of the right to life established in articles
4(1), in relation to the execution of the death penalty, and 4(6) of the American Convention on
Human Rights, to the detriment of Tirso Román Valenzuela Ávila, in the terms of paragraphs
157 and 158 of this judgment.
9.
The State is not responsible for the violation of the rights to personal liberty and judicial
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