69
3.
The State violated the right to freedom of association recognized in Article 16 of the
American Convention, in relation to Article 1(1) thereof, to the detriment of Arlei José
Escher, Dalton Luciano de Vargas, Delfino José Becker, Pedro Alves Cabral and Celso
Aghinoni, owing to the infringement of the exercise of this right, in the terms of paragraphs
169 to 180 of this judgment.
4.
The Court does not possess any evidence to prove the existence of a violation of the
rights embodied in Articles 8 and 25 of the American Convention in relation to the mandado
de segurança and to the civil actions examined in this case, in the terms paragraphs 199
and 211 to 213 of this judgment. However, the State violated the rights to judicial
guarantees and judicial protection recognized in Articles 8(1) and 25 of the American
Convention, in relation to Article 1(1) thereof, to the detriment of Arlei José Escher, Dalton
Luciano de Vargas, Delfino José Becker, Pedro Alves Cabral and Celso Aghinoni, in relation
to the criminal action filed against the former Secretary of Security, in the terms of
paragraphs 200 to 204 of this judgment; the failure to investigate those responsible for the
first dissemination of the telephone conversations, in the terms of paragraph 205 of this
judgment, and the lack of grounds for the decision in the administrative court in relation to
the functional conduct of the judge who authorized the telephone interception, in the terms
of paragraphs 207 to 209 of this judgment.
5.
The State did not fail to comply with the Federal Clause established in Article 28 of
the American Convention, in relation to Articles 1(1) and 2 thereof, to the detriment of Arlei
José Escher, Dalton Luciano de Vargas, Delfino José Becker, Pedro Alves Cabral and Celso
Aghinoni, in the terms of paragraphs 218 to 220 of this judgment.
AND DECIDES,
unanimously that:
6.
This judgment constitutes per se a form of reparation.
7.
The State must pay Arlei José Escher, Dalton Luciano de Vargas, Delfino José Becker,
Pedro Alves Cabral and Celso Aghinoni, the amount established in paragraph 235 of this
judgment for non-pecuniary damage, within one year of notification hereof and as stipulated
in paragraphs 260 to 264 of this judgment.
8.
The State must publish once in the official gazette, in another national newspaper
with widespread circulation, and in a newspaper with widespread circulation in the state de
Paraná, the cover page, Chapters I, VI to XI, without the corresponding footnotes, and the
operative paragraphs of this judgment, and must publish the entire text of this judgment on
an official web page of the Federal State and of the state of Paraná. The publications in the
newspapers and on the Internet must be made within six and twelve months, respectively,
of notification of this judgment, in the terms of paragraph 239 hereof.
9.
The State must investigate the facts that gave rise to the violations in the instant
case, in the terms of paragraph 247 of this judgment.
10.
The State must pay the amount established in paragraph 259 of this judgment in
reimbursement of costs and expenses, within one year of notification hereof and as
stipulated in paragraphs 260 to 264 of this judgment.
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