and practice. If the corresponding amount is not claimed, when ten years have passed, the
sum shall be returned to the State with the interest accrued.
325. The amounts allocated in this judgment as measures of reparation for damage and to
reimburse costs and expenses shall be delivered in full, without any deductions derived from
possible taxes or charges.
326. If the State should incur in arrears, it shall pay interest on the amount owed
corresponding to banking interest on arrears in El Salvador.
X
OPERATIVE PARAGRAPHS
327. Therefore,
THE COURT
DECIDES,
Unanimously:
1.
To reject the preliminary objection concerning the alleged time-barred presentation of
the petition, pursuant to paragraphs 20 and 21 of this judgment.
2.
To reject the preliminary objection concerning the Commission’s alleged failure to assess
the progress made in complying with the Merits Report, pursuant to paragraph 23 of this
judgment.
DECLARES,
Unanimously, that:
3.
The State is responsible for the violation of the rights to personal liberty and the
presumption of innocence, pursuant to Articles 7(1), 7(3) and 8(2) of the American
Convention on Human Rights, in relation to the obligations to respect and to ensure the rights
and the duty to adopt domestic legal provisions established in Articles 1(1) and 2 of this
instrument, to the detriment of Manuela, pursuant to paragraphs 97 to 112 of this judgment
Unanimously, that:
4.
The State is responsible for the violation of the right to defense, the right to be tried by
an impartial court, the presumption of innocence, the duty to provide a statement of reasons,
the obligation not to apply laws in a discriminatory manner, the right not to be subjected to
cruel, inhuman or degrading punishment and the obligation to ensure that the purpose of a
prison sentence is the social rehabilitation and reform of those convicted, pursuant to Articles
8(1), 8(2), 8(2)(d), 8(2)(e), 24, 5(2) and 5(6) of the American Convention on Human Rights,
in relation to the obligations to respect and to ensure the rights without discrimination and
the duty to adopt domestic legal provisions established in Articles 1(1) and 2 of this
instrument, to the detriment of Manuela, pursuant to paragraphs 118 to 173 of this judgment.
By six votes to one that:
5.
The State is responsible for the violation of the rights to life, personal integrity, privacy,
equality before the law and health, pursuant to Articles 4, 5, 11, 24 and 26 of the American
Convention on Human Rights, in relation to the obligations to respect and to ensure the rights
without discrimination and the duty to adopt domestic legal provisions established in Articles
1(1) and 2 of this instrument, and also for failing to comply with the obligations of Article 7(a)
of the Inter-American Convention for the Prevention, Punishment and Eradication of Violence
against Women “Convention of Belém do Pará,” to the detriment of Manuela, pursuant to
paragraphs 180 to 260 of this judgment.
87