22
VI
OPERATIVE PARAGRAPHS
52.
Therefore,
THE COURT,
DECIDES:
unanimously,
1.
To reaffirm its April 23, 2004 Order, in which it deemed that all the
preliminary objections raised by the State were withdrawn and it admitted
acknowledgment of international responsibility by the State.
2.
To find that the controversy regarding the facts that gave rise to the instant
case has ceased.
3.
To find, in accordance with the terms of the acknowledgment of international
responsibility made by the State, that the latter breached the rights set forth in
Articles 5(1) and 5(2) (Right to Humane Treatment); 8(1) (Right to Fair Trial); 11
(Right to Privacy); 12(2) and 12(3) (Freedom of Conscience and Religion); 13(2)
paragraph a and 13(5) (Freedom of Thought and Expression), 16(1) (Freedom of
Association), 21(1) and 21(2) (Right to Property), 24 (Right to Equal Protection) and
25 (Right to Judicial Protection) of the American Convention on Human Rights; and
that it did not fulfill the obligation to respect rights set forth in Article 1(1) of that
Convention, as set forth in paragraphs 47 and 48 of the instant Judgment.
4.
To continue hearing the instant case in the stage of reparations and legal
costs.
Judges García Ramírez and Cançado Trindade made known to the Court their
Separate Opinions, which are attached to this Judgment.
Done in Spanish and English, the Spanish text being authentic, in San José, Costa
Rica, on April 29, 2004.
Sergio García-Ramírez
President
Alirio Abreu-Burelli
Oliver Jackman
Antônio A. Cançado Trindade
Cecilia Medina-Quiroga
Manuel E. Ventura-Robles
Alejandro Sánchez-Garrido
Judge ad hoc
Pablo Saavedra-Alessandri
Secretary
So ordered,
Diego García-Sayán
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