Inter-American Court of Human Rights
XVI Operative Paragraphs
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| XVI
Operative Paragraphs 340. Now therefore, THE COURT unanimously DECIDES 1. To dismiss the State’s preliminary objections claiming a legal defect in the filing of the application and failure to claim violation of Article 26 of the American Convention at the proper stage in the proceedings. 2. Given the State’s withdrawal of its preliminary objection claiming litis pendencia, to consider that preliminary objection withdrawn. 3. To continue taking cognizance of the instant case, and DECLARES, unanimously that: 4. The State violated the rights to life and to humane treatment, recognized in Articles 4(1), 5(1), 5(2) and 5(6) of the American Convention on Human Rights, in relation to Article 1(1) thereof and, where the victims were children, also in relation to Article 19 thereof, to the detriment of all the inmates at the center between August 14, 1996 and July 25, 2001, as set forth in paragraphs 176 and 190 of the present Judgment. 5. The State violated the right to life, recognized in Article 4(1) of the American Convention on Human Rights, in relation to Article 1(1) thereof and, where the victims were children, also in relation to its Article 19, to the detriment of the 12 deceased inmates, as set forth in paragraphs 179, 184, 186 and 190 of the present Judgment. 6. The State violated the right to humane treatment, recognized in Articles 5(1) and 5(2) of the American Convention, in relation to Articles 1(1) and 19 thereof, to the detriment of the children injured as a result of the fires; and the right to humane treatment recognized in Article 5(1) of the Convention, in relation to its Article 1(1), to the detriment of the identified next of kin of the deceased and injured inmates, all as set forth in paragraphs 188, 190 and 193 of the present Judgment. 7. The State failed to comply with its duty to adopt domestic legislative measures and violated the right to a fair trial recognized, respectively, in Articles 2 and 8(1) of the American Convention, in relation to Articles 1(1) and 19 thereof, to the detriment of all the children interned at the Center in the period from August 14, 1996 to July 25, 2001, as set forth in paragraph 213 of the present Judgment. 8. The State violated the right to judicial protection, recognized in Article 25 of the American Convention, in relation to Article 1(1) thereof, to the detriment of the 239 inmates named in the writ of generic habeas corpus, as set forth in paragraph 251 of the present Judgment. Directory: docs -> casos -> articulos docs -> #17622 Relational Leadership: New Developments in Theory and Practice docs -> Leadership Development Programs and ecq-based Readings articulos -> Inter-American Court of Human Rights Case of Loayza-Tamayo v. Peru Judgment of November 27, 1998 articulos -> Inter-American Court of Human Rights Case of DaCosta Cadogan v. Barbados Judgment of September 24, 2009 articulos -> Inter-American Court of Human Rights Case of Albán-Cornejo et al v. Ecuador Judgment of August 5, 2008 articulos -> Inter-American Court of Human Rights Case of Baldeón-García v. Perú Judgment of April 6, 2006 casos -> Operation Condor casos -> Humberto antonio sierra porto and eduardo ferrer mac-gregor poisot case of the kali articulos -> Official summary issued by the inter-american court Download 3.09 Mb. Share with your friends:
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