54
2.
The State violated, to the detriment of Yvon Neptune, the right to personal liberty
established in Article 7(1), 7(2), 7(3), 7(4) and 7(5) of the American Convention on Human
Rights, in relation to the obligation to respect and guarantee this right, established in Article
1(1) thereof, in the terms of paragraphs 89 to 123 of this judgment.
3.
The State did not violate, to the detriment of Yvon Neptune, the right to freedom
from ex post facto laws established in Article 9 of the American Convention on Human
Rights, in the terms of paragraphs 125 and 126 of this judgment.
4.
The State violated, to the detriment of Yvon Neptune, the right to humane treatment
established in Article 5(1), 5(2) and 5(4) of the American Convention on Human Rights, in
relation to Article 1(1) thereof, in the terms of paragraphs 129 a 151 of this judgment.
AND DECIDES:
unanimously that:
5.
This judgment constitutes per se a form of reparation, in the terms of paragraph 66
hereof.
6.
The State shall adopt the necessary judicial and any other measures to ensure that,
as soon as possible the juridical situation of Yvon Neptune is totally defined in relation to the
criminal proceedings filed against him. If the State decides to submit him to further
proceedings, they shall be conducted in accordance with the applicable legal and
constitutional procedures, satisfy the requirements of due process, and fully respect the
guarantees of the right to defense of the accused, in the terms of the American Convention,
as indicated in paragraphs 173 to 177 of this judgment.
7.
The State shall adopt, as soon as possible, the legislative and any other measures to
regulate the procedures relating to the High Court of Justice, so that the respective
competences, procedural norms, and minimum guarantees of due process are defined, in
the terms of paragraphs 178 and 179 of this judgment.
8.
The State shall publish once in the official gazette and in another national newspaper
with widespread coverage, paragraphs 1 to 10, 16 to 21, 36 to 155, 161, 163, 167, 168 and
170 to 183 of this judgment and its operative paragraphs, in the terms of paragraph 180
hereof.
9.
The State shall adopt, within a reasonable time, the necessary legislative,
administrative and any other measures to substantially improve the conditions of the
Haitian prisons, adapting them to international human rights norms, in the terms of
paragraphs 181 to 183 of this judgment.
10.
The State shall make the payment of the amounts established in this judgment for
pecuniary and non-pecuniary damage and the reimbursement of costs and expense, in the
terms of paragraphs 161, 163, 164, 168, 169, 186 and 187 to 191 hereof.
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