5.
The State is responsible for the violation of the rights to judicial guarantees and
freedom of movement, recognized in Articles 8(1) and 22(9) of the American Convention on
Human Rights, in relation to Article 1(1) of this instrument, to the detriment of Rose-Marie
Petit-Homme, Joseph Pierre, Renaud Tima, Selafoi Pierre, Sylvie Felizor, Roland Israel, Rose
Marie Dol, Josier Maxime and Sonide Nora, in the terms of the paragraphs 150 and 178 of
this Judgment.
6.
The State is responsible for the violation of the rights to judicial guarantees and to
judicial protection recognized in Articles 8(1) and 25(1) of the American Convention on
Human Rights, in relation to Article 1(1) thereof, to the detriment of the victims listed in
Annex A of this Judgment, in the terms of paragraphs 183 to 201 of this Judgment.
7.
The State is responsible for the violation of the obligation to adapt its domestic law
established in Article 2 of the American Convention on Human Rights, in relation to Articles
4(1) 8 and 25 of this instrument, in the terms of paragraphs 82 and 207 to 217 of this
Judgment.
8.
The State failed to comply with its obligation not to discriminate contained in Article
1(1) of the American Convention on Human Rights, in relation to the rights established in
Articles 2, 4, 5, 7, 8, 22(9) and 25 thereof, in the terms of paragraphs 224 to 238 of this
Judgment.
9.
The Court considered that it is not appropriate to rule on the alleged violation of the
rights to juridical personality and equal protection, recognized in Articles 3 and 24 of the
American Convention on Human Rights, in the terms of paragraph 227 of this Judgment.
AND DECIDES
unanimously that:
1.
This Judgment constitutes per se a form of reparation.
2.
The State must re-open the investigation into the facts of case in order to
individualize, prosecute and, as appropriate, punish all those responsible for the facts, in the
terms of paragraphs 248 and 249 of this Judgment
3.
The State must determine the whereabouts of the bodies of the deceased, repatriate
them, and return them to their next of kin, within one year of notification of the Judgment,
in the terms of paragraphs 252 and 253 of this Judgment
4.
The State must provide the medical and psychological treatment required by the
victims, immediately and for all the time necessary, in the terms of paragraphs 258 to 261
of this Judgment
5.
The State must make the publications indicated in paragraph 263 of this Judgment,
within six months of notification of the Judgment.
6.
The State must carry out a public act of acknowledgment of international
responsibility and public apology, within six months of notification of the Judgment, in the
terms of paragraph 265 of this Judgment
7.
The State must implement the permanent training program ordered in paragraph 269
of this Judgment, for officials of the Armed Forces, border control agents, and agents in
78
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