Unanimously,
1.
To dismiss the preliminary objection of “fourth instance” filed by the State,
pursuant to paragraphs 16 to 22 of this Judgment.
DECLARES,
Unanimously that:
2.
The State is responsible for the violation of the right to personal liberty,
enshrined in Articles 7(3), 7(4) and 7(5) in relation to Article 1(1) of the American
Convention on Human Rights, to the detriment of Messrs. Teodoro Cabrera García
and Rodolfo Montiel Flores, under the terms of paragraphs 93 to 102; 105 and 106,
and 133 to 137 of this Judgment.
3.
The State is responsible for the violation of the right to humane treatment
[personal integrity], enshrined in Articles 5(1) and 5(2) in relation to Articles 1(1)
of the American Convention on Human Rights, for the cruel, inhuman and
degrading treatment inflected on Messrs. Teodoro Cabrera García and Rodolfo
Montiel Flores, under the terms of paragraphs 100 to 125 of this Judgment.
4.
The State has failed to comply with the obligation to investigate the alleged
acts of torture, under the terms of Articles 5(1) and 5(2), in relation to Article 1(1)
of the American Convention on Human Rights, as well as Articles 1, 6 and 8 of the
Inter-American Convention to Prevent and Punish Torture, to the detriment of
Messrs. Teodoro Cabrera García and Rodolfo Montiel Flores, in accordance with
paragraphs 126 to 132 of this Judgment.
5.
The State is responsible for the violation of the principle of freedom from ex
post facto laws, enshrined in Article 8(3), in conjunction with Article 1(1) of the
American Convention on Human Rights, to the detriment of Messrs. Teodoro
Cabrera García and Rodolfo Montiel Flores, under the terms of paragraphs 165 to
177 of this Judgment.
6.
The State is responsible for the violation of the right to a fair trial [judicial
guarantees] and judicial protection, enshrined in Articles 8(1) and 25(1),
respectively, in relation to Articles 1(1) and 2 of the American Convention on
Human Rights, for having submitted a case of alleged torture to the military
criminal courts, to the detriment of Messrs. Teodoro Cabrera García and Rodolfo
Montiel Flores, in accordance with paragraphs 197 to 201; 203 to 204 and 205 to
206 of this Judgment.
7.
It is not appropriate to issue a ruling on the alleged violations of the right to
humane treatment [personal integrity] and freedom of association, embodied in
Articles 5(1) and 16 of the American Convention on Human Rights, to the
detriment of the relatives of Messrs. Teodoro Cabrera García and Rodolfo Montiel
Flores, respectively, under the terms of paragraphs 56 to 60 of this Judgment.
8.
The State has failed to comply with the obligation contained in Article 2, in
connection with Articles 8 and 25 of the American Convention on Human Rights, by
extending the jurisdiction of the military courts to crimes that are not strictly
95
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