51
1.
To reject the preliminary objection submitted by the State, in accordance with
paragraphs 23 of the present Judgment.
DECLARES,
unanimously, that:
2.
The State violated, to the detriment of Francisco Usón Ramírez, the principle of
legality and freedom of expression recognized in Articles 9, 13(1), and 13(2) of the American
Convention, in relation to Articles 1(1) and 2 thereof, in accordance with paragraphs 57,58,
88, and 100 of the present Judgment.
3.
The State violated, to the detriment of Francisco Usón Ramírez, the right to a fair trial
and judicial protection recognized in Article 8 and 25 of the American Convention, in relation
to Articles 1(1) and 2 thereof, in accordance with paragraphs 116, 119, 131, and 132 of the
present Judgment.
4.
The State violated, to the detriment of Francisco Usón Ramírez, the rights recognized
in Article 7 of the American Convention, in relation to Article 1(1) thereof, in accordance with
paragraphs 148, 149, and 150 of the present Judgment.
5.
The State failed to comply with Article 2 of the American Convention, in relation to
Articles 13(1), 13(2), 8(1), and 25(1) thereof, in terms of paragraphs 155, 156, and 157 of
the present Judgment.
AND ORDERS,
unanimously, that:
6.
This Judgment is per se a form of reparation.
7.
The State must adopt, in a period of one year, all the judicial and administrative
measures and any other measures necessary to leave without effect the military criminal
trial instituted against Mr. Usón Ramírez for the facts in this Judgment, in accordance with
paragraph 168 thereof.
8.
The State must establish, in a reasonable time and through its legislation, limits on
the competence of military tribunals, in such a way that the military jurisdiction will be used
only with respect to those crimes relating to military functions, and under no circumstances
will a civilian or a military official who is retired be subjected to the jurisdiction of the
military tribunals, in accordance with paragraphs 172 of the Judgment.
9.
The State must modify, in a reasonable time, Article 505 of the Organic Code of
Military Justice, in accordance with paragraph 173 thereof.
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