86.
Therefore,
THE COURT
DECIDES,
Unanimously:
1.
To dismiss the preliminary objection regarding the alleged inadmissibility of the
complaint for lack of subject matter pursuant to paragraphs 17 to 18 of this judgment.
2.
To dismiss the preliminary objection regarding the failure to exhaust domestic remedies,
pursuant to paragraphs 23 to 24 of this judgment.
DECLARES,
Unanimously, that:
3.
The State is responsible for the violation of the rights to judicial guarantees and judicial
protection, recognized in articles 8(1) and 25(1) of the American Convention on Human
Rights, read in conjunction with Article 1(1) of the Convention, to the detriment of Héctor
Hugo Boleso, pursuant to the terms of paragraphs 46 to 50 of this judgment.
4.
The State is not responsible for the violation of the right to property, recognized in
Article 21 of the American Convention on Human Rights, read in conjunction with Article 1(1)
of the same Treaty, to the detriment of Héctor Hugo Boleso, pursuant to the terms of
paragraphs 53 to 56 of this judgment.
AND ESTABLISHES:
Unanimously, that:
5.
This judgment constitutes, per se, a form of reparation.
6.
The State shall issue the publications indicated in paragraph 63 of this judgment.
7.
The State shall pay the amounts established in paragraphs 71 and 77 of this judgment
as compensation for pecuniary and non-pecuniary damage, and to reimburse costs and
expenses, pursuant to paragraphs 80 to 85 of this judgment.
8.
The State shall, within one year of notification of this judgment, provide the Court with
a report on the measures adopted to comply with it, in accordance with the provisions of
paragraph 63 of this judgment.
9.
The Court will monitor full compliance with this Judgment, in exercise of its attributes
and in compliance with its obligations under the American Convention on Human Rights, and
will conclude this case when the State has complied fully with the provisions of the Judgment.
DONE, at San José, Costa Rica, on May 22, 2023, in the Spanish language.
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