3.
To reject the preliminary objection relating to the fourth instance, pursuant to paragraphs
31 to 33 of this judgment.
DECLARES,
Unanimously, that:
4.
The State is responsible for the violation of the rights recognized in Articles 7(1), 7(2), 7(3)
and 7(4) of the American Convention on Human Rights, in relation to the obligations to respect
and to ensure these rights without discrimination, established in Article 1(1) of this instrument,
to the detriment of Azul Rojas Marín, pursuant to paragraphs 100 to 134 of this judgment.
5.
The State is responsible for the violation of the rights recognized in Articles 5(1), 5(2) and
11 of the American Convention on Human Rights, in relation to the obligations to respect and
to ensure these rights without discrimination, established in Article 1(1), and Articles 1 and 6
of the Inter-American Convention to Prevent and Punish Torture, to the detriment of Azul
Rojas Marín, pursuant to paragraphs 139 to 167 of this judgment.
6.
The State is responsible for the violation of the rights recognized in Articles 8(1) and 25(1)
of the American Convention on Human Rights, in relation to the obligations to respect and to
ensure these rights without discrimination and to adopt domestic legal provisions, established
in Articles 1(1) and 2 of this instrument and to Articles 1, 6 and 8 of the Inter-American
Convention to Prevent and Punish Torture, to the detriment of Azul Rojas Marín, pursuant to
paragraphs 178 to 219 of this judgment.
7.
The State is responsible for the violation of the right recognized in Article 5(1) of the
American Convention on Human Rights, to the detriment of Juana Rosa Tanta Marín, in relation
to Article 1(1) of this instrument, pursuant to paragraphs 221 to 223 of this judgment.
AND ESTABLISHES:
Unanimously, that:
8.
This judgment constitutes, per se, a form of reparation.
9.
The State shall facilitate and shall continue the investigations required to identify,
prosecute and punish, as appropriate, those responsible for the acts of torture perpetrated
against Azul Rojas Marín, pursuant to paragraphs 228 and 229 of this judgment.
10.
The State shall make the publications indicated in paragraph 231 of this judgment.
11. The State shall hold a public act to acknowledge international responsibility, as indicated
in paragraphs 233 and 234 of this judgment.
12. The State shall provide, free of charge and immediately, opportune, adequate and
effective medical and psychological and/or psychiatric treatment to Azul Rojas Marín, pursuant
to paragraphs 236 and 237 of this judgment.
13. The State shall adopt a protocol on investigation and administration of justice in criminal
proceedings involving LGBTI victims of violence, pursuant to paragraphs 241 to 244 of this
judgment.
14. The State shall create and implement a training and awareness-raising plan, pursuant to
paragraphs 248 and 249 of this judgment.
15. The State shall design and implement a system to compile data and figures linked to
cases of violence against LGBTI people, pursuant to paragraph 252 of this judgment.
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