102
189. The amounts allocated in this judgment for compensation and for
reimbursement of costs and expenses may not be affected, reduced or conditioned
by current or future taxes or charges. Consequently, they must be delivered to the
beneficiaries integrally, as established in this judgment.
190. If the State falls into arrears, it shall pay interest on the amount owed,
corresponding to banking interest on arrears in Paraguay.
191. In accordance with its consistent practice, the Court will exercise the
authority inherent in its attributes and derived from Article 65 of the American
Convention to monitor compliance with all the terms of this judgment. The case will
be closed when the State has fully complied with all its terms. Within one year of
notification of the judgment, Paraguay shall provide the Court with a first report on
the measures adopted to comply with the judgment.
XIII
OPERATIVE PARAGRAPHS
192.
Therefore,
THE COURT,
DECIDES:
Unanimously,
1.
To admit the State’s acknowledgement of international responsibility for the
violation of the rights to personal liberty, humane treatment, and life embodied in
Articles 7, 5(1) and 5(2) and 4(1) of the American Convention on Human Rights, in
relation to the general obligation to respect and safeguard the rights and freedoms
established in Article 1(1) thereof, to the detriment of Agustín Goiburú Giménez,
Carlos José Mancuello Bareiro, Rodolfo Ramírez Villalba and Benjamín Ramírez
Villalba, in the terms of paragraphs 40, 41, 48 and 49 of this judgment.
2.
To admit the State’s partial acknowledgement of international responsibility
for the violation of the rights to a fair trial and to judicial protection embodied in
Articles 8(1) and 25 of the American Convention, in relation to the general obligation
to respect and ensure rights established in Article 1(1) thereof, in the terms of
paragraphs 40, 41 and 50 of this judgment.
DECLARES:
Unanimously, that:
1.
The State violated the right to life, humane treatment, and personal liberty
embodied in Articles 4(1), 5(1), 5(2) and 7 of the American Convention on Human
Rights, in relation to the general obligation to respect and safeguard the rights and
freedoms established in Article 1(1) thereof, to the detriment of Agustín Goiburú
Giménez, Carlos José Mancuello Bareiro, Rodolfo Ramírez Villalba and Benjamín
Ramírez Villalba, in the terms of paragraphs 62 to 73 and 80 to 94 of this judgment.
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