232. If the State should fall into arrears, it must pay interest on the amount owed
corresponding to bank interest on arrears in Argentina.
XI
OPERATIVE PARAGRAPHS
233. Therefore,
THE COURT
DECIDES,
unanimously,
1.
To reject the preliminary objections filed by the State concerning the alleged
violation of due process in the proceedings before the Inter-American Commission, and the
alleged failure to exhaust domestic remedies, in the terms of paragraphs 25 to 42 and 46 to
51 of the Judgment.
DECLARES,
by four votes in favor and three against, that:
2.
The State is not responsible for the violation of the right to freedom of expression
recognized in Article 13 of the American Convention, in relation to Articles 1(1) and 2
thereof, to the detriment of Carlos and Pablo Mémoli, in accordance with paragraphs 117 to
149 and 185 of this Judgment.
Dissenting: Judges Ventura Robles, Vio Grossi, and Ferrer Mac-Gregor Poisot
by four votes in favor and three against, that:
3.
The State is not responsible for the violation of the principle of legality and
retroactivity recognized in Article 9 of the Convention, in relation to Article 1(1) of this
instrument, to the detriment of Carlos and Pablo Mémoli, in the terms of paragraphs 153 to
159 of this Judgment.
Dissenting: Judges Ventura Robles, Vio Grossi, and Ferrer Mac-Gregor Poisot
unanimously that:
4.
The State is responsible for the violation of the rights to judicial guarantees, because
it exceeded the reasonable time, and of property, recognized in Articles 8(1) and 21 of the
American Convention, in relation to Article 1(1) thereof, to the detriment of Carlos and
Pablo Mémoli, in accordance with paragraphs 167 to 183 and 189 to 194 of this Judgment.
unanimously that:
81
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