251. If the State falls into arrears, including with reimbursement of expenses to the
Victims’ Legal Assistance Fund, it shall pay interest on the amount owed corresponding to
banking interest on arrears in the Republic of Guatemala.
X.
OPERATIVE PARAGRAPHS
Therefore,
THE COURT
DECIDES,
By four votes to one that:
1.
The State is responsible for the violation of the right to health, pursuant to Article 26 of
the American Convention, in relation to Article 1(1) of this instrument, to the detriment of
the 49 persons listed as victims in Annex 2 to this judgment, in the terms of paragraphs 75
to 119 of this judgement.
2.
The State is responsible for the violation of the right to health, pursuant to Article 26 of
the American Convention, in relation to Article 1(1) of this instrument, to the detriment of 43
persons listed as victims in Annex 2 to this judgment, in the terms of paragraphs 75 to 117
and 120 to 127 of this judgement.
3.
The State is responsible for the violation of the prohibition of discrimination in relation
to the obligation to ensure the right to health recognized in Article 26 of the American
Convention, in relation to Article 1(1) of this instrument, to the detriment of two persons
listed as victims in Annex 2 to this judgment, in the terms of paragraphs 128 to 139 of this
judgement.
4.
The State is responsible for the violation of the principle of progressivity, pursuant to
Article 26 of the American Convention, in relation to Article 1(1) of this instrument, in the
terms of paragraphs 140 to 148 of this judgement.
Unanimously that:
5.
The State is responsible for the violation of the right to life, recognized in Article 4 of
the American Convention, in relation to Articles 26 and 1(1) of this instrument, to the
detriment of 12 persons listed as victims in Annex 2 to this judgment, in the terms of
paragraphs 155 to 159 of this judgment.
6.
The State is responsible for the violation of the right to personal integrity, recognized in
Article 5 of the American Convention, in relation to Articles 26 and 1(1) of this instrument, to
the detriment of 46 persons listed as victims in Annex 2 to this judgment, in the terms of
paragraphs 161 to 164 of this judgment.
By four votes to one that:
7.
The State is responsible for the violation of the right to judicial guarantees and judicial
protection recognized in Articles 8(1) and 25(1) of the American Convention, in relation to
Article 1(1) of this instrument, to the detriment of 13 persons listed as victims in Annex 2 to
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