81
IX
OPERATIVE PARAGRAPHS
279.
Therefore,
THE COURT
DECLARES,
Unanimously, that:
1.
It accepts the acknowledgment of international responsibility by the State, under the terms
of paragraphs 18 to 36 of this judgment.
2.
The State is responsible for the violation of the rights to personal liberty, to humane
treatment, to life and to the recognition of juridical personality, recognized in Articles 7, 5, 4(1) and
3 of the American Convention on Human Rights, in relation to Article 1(1) thereof, to the detriment
of José Adrián Rochac Hernández, Santos Ernesto Salinas, Emelinda Lorena Hernández, Manuel
Antonio Bonilla and Ricardo Abarca Ayala, under the terms of paragraphs 92 to 97 of this judgment.
3.
The State is responsible for the violation of the right to family life and to the protection of the
family, recognized in Articles 11(2) and 17 of the American Convention on Human Rights, in relation
to Articles 19 and 1(1) thereof, to the detriment of José Adrián Rochac Hernández, Santos Ernesto
Salinas, Emelinda Lorena Hernández, Manuel Antonio Bonilla and Ricardo Abarca Ayala, and in
relation to Article 1(1) thereof, to the detriment of their next of kin indicated in paragraph 34 of this
judgment, under the terms of paragraphs 104 to 117 thereof.
4.
The State is responsible for the violation of the right to humane treatment, recognized in
Articles 5(1) and 5(2) of the American Convention on Human Rights, in relation to Article 1(1)
thereof, to the detriment of the next of kin of José Adrián Rochac Hernández, Santos Ernesto Salinas,
Emelinda Lorena Hernández, Manuel Antonio Bonilla and Ricardo Abarca Ayala indicated in paragraph
34 of this judgment, pursuant to paragraphs 119 to 125 thereof.
5.
The State is responsible for the violation of the rights to judicial guarantees and to judicial
protection, recognized in Articles 8(1) and 25(1) of the American Convention on Human Rights, in
relation to Article 1(1) thereof, to the detriment of José Adrián Rochac Hernández, Santos Ernesto
Salinas, Emelinda Lorena Hernández, Manuel Antonio Bonilla and Ricardo Abarca Ayala, and the next
of kin indicated in paragraph 34 of this judgment, under the terms of paragraphs 136 to 161 and
170 to 173 thereof.
6.
The State is responsible for the violation of the right to personal liberty, recognized in Article
7(6) of the American Convention on Human Rights, in relation to Article 1(1) thereof, to the detriment
of José Adrián Rochac Hernández, Santos Ernesto Salinas, Emelinda Lorena Hernández, Manuel
Antonio Bonilla and Ricardo Abarca Ayala, and of their next of kin indicated in paragraph 34 of this
judgment, under the terms of paragraphs 162 to 173 thereof.
AND ORDERS
Unanimously, that:
7.
This judgment is per se a form of reparation.