IX
OPERATIVE PARAGRAPHS
181.
Therefore,
THE COURT
DECIDES,
Unanimously:
1.
To accept the State’s recognition of responsibility pursuant to paragraphs 16 to
23 of this judgment.
DECLARES,
Unanimously, that:
2.
The State is responsible for violating the rights to judicial guarantees, enshrined
in Articles 8(1), 8(2)(b), and 8(2)(c) of the American Convention on Human Rights, read
in conjunction with Article 1(1) thereof, and the resulting injury to judicial independence,
in injury of Carlos Julio Aguinaga Aillón, pursuant to paragraphs 16 to 23 and 55 to 90
of this judgment.
Unanimously, that:
3.
The State is responsible for violating the right to participate in government
enshrined in Article 23 of the American Convention on Human Rights, read in conjunction
with Article 1(1) thereof, in injury of Carlos Julio Aguinaga Aillón, pursuant to paragraphs
91 to 93 of this judgment.
By a vote of five in favor to two opposed, that:
4.
The State is responsible for violating the right to work enshrined in Article 26 of
the American Convention on Human Rights, read in conjunction with Article 1(1) thereof,
in injury of Carlos Julio Aguinaga Aillón pursuant to paragraphs 94 to 101 of this
judgment.
Dissenting votes were cast by Judge Humberto Antonio Sierra Porto and Judge Patricia
Pérez Goldberg.
Unanimously, that:
5.
The State is responsible for violating the right to judicial protection and the right
to appeal a ruling enshrined in Articles 25 and 8(2)(h) of the American Convention on
Human Rights, read in conjunction with Articles 1(1) and 2 thereof, in injury of Carlos
Julio Aguinaga Aillón, pursuant to paragraphs 16 to 23 and 103 to 109 of this judgment.
AND ORDERS
Unanimously that:
41