as established in this judgment, without any deductions derived from possible taxes or
charges.
134. If the State should incur in arrears, it shall pay interest on the amount owed
corresponding to banking interest on arrears in Costa Rica.
IX
OPERATIVE PARAGRAPHS
135. Therefore,
THE COURT
Unanimously,
DECIDES,
1.
To reject the preliminary objection concerning the alleged violation of the principle
of procedural equality and the right of defense pursuant to paragraphs 16 to 20 of this
judgment.
2.
To reject the preliminary objection of alleged failure to exhaust domestic remedies
pursuant to paragraphs 24 and 25 of this judgment.
DECLARES,
Unanimously, that:
3.
The State is responsible for the violation of Article 13(1) and 13(2) of the American
Convention on Human Rights, in relation to Article 1(1) of this instrument, to the
detriment of Ronald Moya Chacón and Freddy Parrales Chaves, pursuant to paragraphs
62 to 93 of this judgment.
AND ESTABLISHES:
Unanimously, that:
4.
This judgment constitutes, per se, a form of reparation.
5.
The State shall annul the attribution of civil liability to Freddy Parrales Chaves and
Ronald Moya Chacón by the judgment handed down by the Second Circuit Criminal Court
of San José, Goicoechea, on January 10, 2007, and confirmed by the judgment delivered
by the Third Chamber of the Supreme Court of Justice on December 20, 2007, as
indicated in paragraphs 102 and 103 of this judgment.
6.
The State shall make the publications indicated in paragraph 106 of this judgment.
7.
The State shall pay the sums established in paragraphs 124 and 128 of this
judgment as compensation for non-pecuniary damage, and to reimburse costs and
expenses, pursuant to paragraphs 129 to 134 of this judgment.
8.
The State, within one year of notification of this judgment, shall provide the Court
with a report on the measures taken to comply with it.
37