X
OPERATIVE PARAGRAPHS
202.
Therefore,
THE COURT
DECIDES,
Unanimously:
1.
To dismiss the preliminary objection of “fourth instance” in accordance with
paragraphs 21 to 23 of this judgment.
2.
To accept the State’s acknowledgment of international responsibility, in the terms
of paragraphs 31 to 38 of this judgment.
DECLARES,
Unanimously, that:
3.
With regard to the dismissal proceedings against the victim, the State is
responsible for the violation of the rights to judicial guarantees and judicial protection,
recognized in Articles 8(1), 8(2), 8(2)(b), 8(2)(c) and 25(1) and 25(2) of the American
Convention on Human Rights, in relation to the obligations set forth in Article 1(1)
thereof, to the detriment of Vicente Aníbal Grijalva Bueno, pursuant to paragraphs 33,
35 and 85 of this judgment.
4.
With regard to the military criminal proceedings against the victim, the State is
responsible for the violation of the rights to judicial guarantees, recognized in Articles 8(1),
8(2) and 8(2)(f) of the American Convention on Human Rights, in relation to the obligations
set forth in Article 1(1) of the same instrument, to the detriment of Vicente Aníbal Grijalva
Bueno, pursuant to paragraphs 96 to 98, 108 to 111, 117 to 139 and 142 to 148 of this
judgment.
5.
The State is responsible for the violation of the right to freedom of thought and
expression recognized in Article 13(1) of the American Convention on Human Rights, in
relation to the obligations established in Article 1(1) thereof, to the detriment of Vicente
Aníbal Grijalva Bueno, pursuant to paragraphs 153 to 162 of this judgment.
6.
The State is not responsible for the violation of the right to judicial guarantees,
recognized in Articles 8(2)(b) and 8(2)(c) of the American Convention on Human Rights,
in relation to the obligations set forth in Article 1(1), pursuant to paragraphs 102 to 106 of
this judgment.
AND ORDERS:
Unanimously, that:
7.
This judgment constitutes, per se, a form of reparation.
49