113. Accordingly, this Court holds that the State has not violated the right to judicial
protection enshrined in Article 25(1) of the Convention, read in conjunction with Article 1(1)
thereof, to the detriment of Ms. Raghda Habbal and her daughters.
VIII
OPERATIVE PARAGRAPHS
115. Therefore,
THE COURT
DECIDES,
unanimously:
1.
To reject the preliminary objection concerning the fact that the alleged victims did not
take part in the proceedings, pursuant to paragraphs 21 to 24 of this judgment.
2.
To reject the preliminary objection concerning the abstract, hypothetical-conjectural
and/or groundless nature of the alleged violations of rights, pursuant to paragraphs 21 and
25 of this judgment.
DECLARES,
unanimously, that:
3.
The State is not responsible for violating the rights to freedom of movement and
residence, and judicial guarantees, in relation to the obligation to respect rights, established
in Articles 22(5), 8(1), 8(2)(b), (c), (d) and (h) of the American Convention, read in
conjunction with Article 1(1) thereof, to the detriment of Raghda Habbal, pursuant to
paragraphs 58 to 84 of this judgment.
4.
The State is not responsible for violating the rights to freedom of movement and
residence and judicial guarantees, or the rights of the child, in relation to the obligation to
respect rights, established in Articles 22(6), 8(1), 8(2)(b), (c), (d) and (h), and 19 of the
American Convention, read in conjunction with Article 1(1) thereof, to the detriment of
Monnawar Al Kassar, Hifaa Al Kassar and Natasha Al Kassar, pursuant to paragraphs 58 to
84 of this judgment.
5.
The State is not responsible for violating the rights of the child and judicial guarantees,
in relation to the obligation to respect rights, established in Articles 19 and 8(1) of the
American Convention, read in conjunction with Article 1(1) thereof, to the detriment of
Mohamed Al Kassar, pursuant to paragraphs 58 to 84 of this judgment.
6.
The State is not responsible for violating the right to personal liberty, in relation to
the obligation to respect rights, established in Article 7 of the American Convention, read in
conjunction with Article 1(1) thereof, to the detriment of Raghda Habbal, Monnawar Al
Kassar, Hifaa Al Kassar and Natasha Al Kassar, pursuant to paragraphs 58 to 84 of this
judgment.
38