98
1(1) of the American Convention on Human Rights, for the cruel, inhuman and
degrading treatment afforded to Messrs. Teodoro Cabrera Garcia and Rodolfo
Montiel Flores, according to the terms of paragraphs 100 to 125 of this Judgment.
4.
The State has failed to comply with the obligation to investigate the alleged
acts of torture, in the terms of Articles 5(1) and 5(2), in conjunction with Article
1(1) of the American Convention on Human Rights and Articles 1, 6 and 8 of the
Inter-American Convention to Prevent and Punish Torture, to the detriment of
Messrs. Teodoro Cabrera Garcia and Rodolfo Montiel Flores, in accordance the
paragraphs 126 to 132 of this Judgment
5.
The State is responsible for the violation of the principle of freedom from ex
post facto laws, enshrined in article 8(3), in conjunction with article 1(1) of the
American Convention on Human Rights, to the detriment of Messrs. Teodoro
Cabrera Garcia and Rodolfo Montiel Flores, according to the terms of paragraphs
165 to 177 of this Judgment.
6.
The State is responsible for the violation of the right to a fair trial [judicial
guarantees] and judicial protection, enshrined in Articles 8(1) and 25(1),
respectively, in conjunction with Articles 1(1) and 2 of the American Convention on
Human Rights, for having submitted the hearing of the alleged torture to the
criminal military jurisdiction, to the detriment of Messrs. Teodoro Cabrera García
and Rodolfo Montiel Flores, in accordance with paragraphs 197 to 201, 203 to 204
and 205 to 206 of this Judgment.
7.
It does not correspond to issue a ruling on the alleged violations of the right
to humane treatment [personal integrity] and freedom of association, embodied in
articles 5(1) and 16 of the American Convention on Human Rights, to the detriment
of the relatives of Messrs. Teodoro Cabrera Garcia and Rodolfo Montiel Flores and
to their detriment, respectively, according to the terms of paragraphs 56 to 60 of
this Judgment.
8.
The State has failed to comply with the obligation contained in article 2, in
connection with articles 8 and 25 of the American Convention on Human Rights, by
extending jurisdiction of the military courts over crimes that are not closely related
to the military discipline or legal interests typical of the military, according to the
terms of paragraph 206 of this Judgment.
9.
The State is not responsible for the violation of the right to defense,
embodied in article 8(2)(d) of the American Convention on Human Rights, to the
detriment of Messrs. Teodoro Cabrera Garcia and Rodolfo Montiel Flores, under the
terms of paragraphs 154 to 162 of this Judgment.
10.
The State is not responsible for the violation of the principle of presumption
of innocence, embodied in article 8(2) of the American Convention on Human
Rights, to the detriment of Messrs. Teodoro Cabrera Garcia and Rodolfo Montiel
Flores, under the terms of paragraphs 182 to 186 of this Judgment.
AND ORDERS,
Unanimously that:
11.
This Judgment is in itself a form of redress.
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos