118
296. In accordance with its constant practice, the Court retains the authority which
derives from its jurisdiction and the provisions of Article 65 of the American
Convention, to monitor full compliance with this judgment. The instant case shall be
closed once the State has fully complied with the provisions herein set forth. Within
one year from the date of notice of this judgment, Peru shall submit to the Court a
report on the measures adopted in compliance herewith.
XVI
OPERATIVE PARAGRAPHS
297.
Therefore,
THE COURT,
DECIDES,
Unanimously,
1.
To admit the State’s acknowledgment of the events prior to September 2000,
as set forth in paragraphs 52 to 60 hereof.
DECLARES,
Unanimously, that:
2.
The State violated, to the detriment of Wilson García-Asto and Urcesino
Ramírez-Rojas, the Rights to Personal Liberty, to a Fair Trial and to Judicial Protection
as enshrined in Articles 7(1), 7(2), 7(3), 7(5), 7(6), 8(1), 8(2), 8(2)(f), 8(5), and 25 of
the American Convention, in relation to Article 1(1) thereof, during the first
proceedings brought against them, in accordance with paragraphs 104 to 115, 130 to
134, 149 to 154, and 157 to 162 of this Judgment.
By six votes to one, that:
3.
The State violated, to the detriment of Wilson García-Asto and UrcesinoRamírez-Rojas, the Right to Personal Liberty as enshrined in Article 7(3) of the
Convention, in relation to Article 1(1) thereof, during the second proceedings instituted
against them, in accordance with paragraphs 117 to 125 and 136 to 144 of this
Judgment.
Ad hoc partially dissenting Judge Santistevan de Noriega.
Unanimously, that:
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