173. Therefore, THE COURT DECIDES, Unanimously: 1. To reject the preliminary objection concerning the request to review the legality of the submission of the case to the Inter-American Court pursuant to paragraphs 25 to 27 of this judgment. 2. To reject the preliminary objection concerning the “fourth instance” and the complementarity of the inter-America system pursuant to paragraphs 31 to 34 of this judgment. DECLARES, Unanimously, that: 3. The State is responsible for the violation of the right to freedom of thought and expression recognized in Article 13 of the American Convention on Human Rights, in relation to the obligation to respect and to ensure this right established in Article 1(1) of this instrument, to the detriment of Daniel David Urrutia Laubreaux, pursuant to paragraphs 75 to 96 of this judgment. 4. The State is responsible for the violation of the right to the judicial guarantees recognized in Article 8(1), 8(2)(b) and 8(2)(c) of the American Convention on Human Rights, in relation to the obligation to respect and to ensure this right established in Article 1(1) of this instrument, to the detriment of Daniel David Urrutia Laubreaux, pursuant to paragraphs 100 to 125 of this judgment. 5. The State is responsible for the violation of the principle of legality, recognized in Article 9 of the American Convention on Human Rights, in relation to the obligation to respect and to ensure this right and the obligation to adopt domestic legal provisions established in Articles 1(1) and 2 of this instrument, to the detriment of Daniel David Urrutia Laubreaux, pursuant to paragraphs 129 to 141 of this judgment. ESTABLISHES Unanimously, that: 6. This judgment constitutes, per se, a form of reparation. 7. The State shall make the publications indicated in paragraph 147 of this judgment. 8. The State shall eliminate paragraph 4 of article 323 of the Organic Code of the Courts, pursuant to paragraph 150 of this judgment. 9. The State shall pay the amounts established in paragraphs 164 and 166 of this judgment as compensation for non-pecuniary damage, and to reimburse costs and expenses, pursuant to paragraphs 167 and 172 of this judgment. 41