52
171. The State must comply with its obligations through payment in United States
dollars.
172. The payments ordered in this Judgment as compensation for pecuniary and
non-pecuniary damages and reimbursement of costs and fees, may not be affected,
reduced, or conditioned due to current or future taxes or charges. Therefore, they
must be paid in full to the beneficiaries in accordance with the present Judgment.
173. If the State falls in arrears, it shall pay interests over the amount due,
corresponding to bank interest on arrears in Ecuador.
174. In accordance with its consistent practice, the Court retains the authority
inherent to its competence, to monitor compliance with this Judgment. The case will be
closed once the State has fully implemented all of the provisions of this Judgment.
Within one year of notification of this Judgment, Ecuador must present a report of the
measures taken in its compliance to the Court.
XV
OPERATIVE PARAGRAPHS
175.
Therefore,
THE COURT,
DECLARES:
Unanimously, that:
1.
The State violated, in detriment of Mr. Rigoberto Acosta Calderón, the Right to
Personal Liberty enshrined in Article 7(1), 7(3), and 7(5) of the American Convention
on Human Rights, in conjunction with Article 1(1) of the same, in the terms of
paragraphs 70, 71, 81, and 84 of this Judgment.
2.
The State violated, in detriment of Mr. Rigoberto Acosta Calderón, the Right to
Personal Liberty and Judicial Protection enshrined in Articles 7(6) and 25 of the
American Convention on Human Rights, in conjunction with Article 1(1) of the same, in
the terms of paragraphs 97, 99, and 100 of this Judgment.
3.
The State violated, in detriment of Mr. Rigoberto Acosta Calderón, the Right to
a Fair Trial enshrined in Articles 8(1), 8(2), 8(2)(b), 8(2)(d), and 8(2)(e) of the
American Convention on Human Rights, in conjunction with Article 1(1) of the same, in
the terms of paragraphs 107, 108, 114, 115, 119, 120, and 124 through 127 of this
Judgment.
4.
At the time in which the facts occurred, the State breached its obligation
established in Article 2 of the American Convention on Human Rights in connection
with Article 7(5) of the same, in the terms of paragraphs 135 and 138 of this
Judgment.
5.
This Judgment is, per se, a form of reparation in the terms of its paragraph 159.
AND DECIDES: