2.
The State shall adopt the measures necessary to guarantee Mr. Oscar Alberto
Mohamed the right to appeal the conviction issued by the First Chamber of the National
Chamber of Appeals for Criminal and Correctional Matters on February 22, 1995,
pursuant to the conventional parameters established in Article 8(2)(h) of the American
Convention, under the terms stated in paragraphs 90 to 117 and 152 of this Judgment.
3.
The State shall adopt the measures necessary so that the legal effects of the
conviction issued by the First Chamber of the National Chamber of Appeals for Criminal
and Correctional Matters on February 22, 1995, and in particular its criminal records, are
suspended until a decision on merits has been issued guaranteeing Mr. Oscar Alberto
Mohamed’s right to appeal the conviction.
4.
The State shall issue the publications indicated in paragraph 155 of this
Judgment, within six months of its notification.
5.
The State shall pay the amounts set in paragraphs 171 and 177 of this Judgment,
as compensation for pecuniary and non-pecuniary damages, and for the reimbursement
of costs and expenses, under the terms of the aforesaid paragraphs, and shall reimburse
the Victims’ Legal Assistance Fund in the amount established in paragraph 180 of this
Judgment.
6.
The State shall, within one year as of notification of this Judgment, submit to the
Court a report on the measures adopted in compliance thereof.
7.
The Court shall monitor full compliance with this Judgment, in exercise of its
authority and in compliance with its obligations under the American Convention on
Human Rights, and shall consider this case concluded when the State has complied fully
with its provisions.
Judge Pérez Pérez informed the Court of his Dissenting Opinion, which is attached to this
Judgment.
Done in Spanish and English, the Spanish text being authentic, in San Jose, Costa Rica,
on November 23, 2012.
Diego García-Sayán
President
Manuel E. Ventura Robles
Margarette May Macaulay
Rhadys Abreu Blondet
Alberto Pérez Pérez
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