7.
To dismiss the preliminary objection of alleged lack of due process on the part of the
Inter-American Commission, alleged lack of procedural balance and alleged violation of the
State’s right of defense, pursuant to paragraphs 68 to 78 of this judgment.
Unanimously,
8.
To dismiss the preliminary objection of alleged “use of the Inter-American system as
a fourth instance” in relation to the allegations of Groups 3 (Luis Archbold Jay, Enrique Floyd
Archbold Jay, Carlos Eduardo Yepes Cruz, Fernando Saldarriaga Saldarriaga, and Miguel
Antonio Valverde Montoya) and 6 (Manuel Adilio Hernández Quesada), pursuant to
paragraphs 84 to 90 of this judgment.
Unanimously,
9.
To dismiss the preliminary objection of the extemporaneous submission of the petition
of Group 7 (Miguel Mora Calvo), in the terms of paragraphs 122 to 124 of this judgment.
Unanimously,
10.
To dismiss the preliminary objection of the State regarding the error in the Merits
Report with respect to Group 7 (Miguel Mora Calvo), pursuant to paragraphs 132 to 135 of
this judgment.
DECLARES:
By five votes in favor and one against, that:
11.
The State is responsible for the violation of the right to personal liberty contained in
Articles 7(1), 7(3) and 7(5) of the American Convention, in relation to Article 1(1) thereof, to
the detriment of Group 4 (Jorge Martínez Meléndez), pursuant to paragraphs 350 to 369 of
this judgment.
Unanimously, that:
12.
The State is not responsible for the violation of the right to appeal the judgment
contained in Article 8(2)(h) of the American Convention, in relation to Article 8(1) thereof, to
the detriment of Group 2 (Rafael Rojas Madrigal), Group 3 (Luis Archbold Jay and Enrique
Archbold Jay), Group 4 (Jorge Martínez Meléndez) and Group 7 (Miguel Mora Calvo) in the
terms of paragraphs 255 to 345 of this judgment.
Unanimously, that:
13.
The State is not responsible for the violation of the right to an impartial judge
established in Article 8(1) of the American Convention, in relation to Article 1(1) thereof, to
the detriment of Group 4 (Jorge Martínez Meléndez), Group 2 (Rafael Rojas Madrigal) and
Group 7 (Miguel Mora Calvo), pursuant to paragraphs 383 to 417 and 456 of this judgment.
Unanimously, that:
14.
The State is not responsible for the violation of the presumption of innocence
established in Article 8(2) of the American Convention to the detriment of Group 4 (Jorge
Martínez Meléndez), pursuant to paragraph 390 of this judgment.
149
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