47
By five votes in favor and two dissenting, to
1.
Dismiss the preliminary objections filed by the State in regard to the exhaustion of
domestic remedies, pursuant to the terms of paragraph 21 of this Judgment.
DECLARES,
By six votes in favor and one dissenting, that:
2.
The State is not responsible for the violation of the right to freedom from ex post facto
laws established in Article 9 of the American Convention on Human Rights in the terms of
paragraph 76 of this Judgment.
3.
The State is not responsible for the violation of the right to judicial protection,
established in Article 25 of the American Convention on Human Rights in the terms of
paragraph 125 of this Judgment.
4.
The State is responsible for the violation of the right to appeal the judgment to a
higher court established in Article 8(2)(h) of the American Convention on Human Rights, to
the detriment of Liakat Ali Alibux, in the terms of paragraph 112 of this Judgment.
5.
The State is responsible for the violation of the right to freedom of movement and
residence established in Article 22, sections 2 and 3 of the American Convention on Human
Rights, to the detriment of Liakat Ali Alibux, in the terms established in paragraph 136 of
this Judgment.
AND ORDERS
By six votes in favor and one dissenting, that:
6.
This Judgment constitutes per se a form of reparation.
7.
The State shall issue the publications indicated in paragraph 147 of this Judgment,
within a period of six months as of notification of this Judgment.
8.
The State shall pay the amounts stipulated in paragraphs 157 and 165 of this
Judgment, as compensation for pecuniary damages as well as for reimbursement of costs
and expenses, in the terms of said paragraphs in this Judgment.
9.
Within one year as of notification of this Judgment, the State shall submit to the Court
a report describing the measures adopted in compliance thereof.
10. In exercise of its authority and in compliance with its duties under the American
Convention on Human Rights, the Court shall monitor full compliance with this Judgment,
and shall consider this case concluded once the State has fully complied with the measures
ordered therein.
Judges Alberto Pérez Pérez, Eduardo Vio Grossi, and Eduardo Ferrer Mac-Gregor Posiot
informed the Court of their Separate Opinions, which accompany this Judgment.