38
declares that:
the State violated the right of access to the courts protected under Articles 8(1) and
25 of the American Convention on Human Rights, in relation to Article 1(1) thereof,
to the detriment of Mr. José María Cantos, as set forth in paragraphs 54, 55 and 56
of the present Judgment..
And, therefore, unanimously
decides that:
1.
The State shall refrain from charging Mr. José María Cantos the filing fee and
fine levied for failure to pay the filing fee on time.
2.
The State shall set in a reasonable sum the fees regulated in Argentine
Supreme Court case C-1099, as stipulated in paragraphs 70(b) and 74.
3.
The State shall pay the fees and expenses of all experts and attorneys
engaged by the State and the Province of Santiago del Estero, under the conditions
set forth in the preceding point.
4.
The State shall lift the attachments, general property encumbrances and
other measures that were ordered against the properties and business assets of Mr.
José María Cantos in order to guarantee payment of the court filing fee and the
professional fees.
5.
The State shall pay the victim’s representatives the sum of US$ 15,000.00
(fifteen thousand United States dollars) for expenses caused in the international
proceedings before the inter-American system for the protection of human rights,
pursuant to paragraphs 73 and 74 of this Judgment.
6.
The other claims of the application are dismissed as unfounded.
7.
The State shall submit a report to the Inter-American Court of Human Rights
every six months from the date of notification of this Judgment, recounting the
measures it has taken to comply with said Judgment.
8.
The Court will oversee compliance with this Judgment and will regard the
present case closed once the State has fully carried out the terms of this Judgment.
Judge Barberis informed the Court of his Opinion, which will accompany this Judgment.
Done in Spanish and English, the Spanish being authentic, in San José, Costa Rica,
the 28th day of November 2002.
Antônio A. Cançado Trindade
President
Alirio Abreu-Burelli
Hernán Salgado-Pesantes
Máximo Pacheco-Gómez
Oliver Jackman
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