32
3.
The State has violated the freedom from ex post facto laws enshrined by Article 9 of
the American Convention on Human Rights, in relation to Articles 1(1) and 2 thereof, to the
detriment of Eduardo Kimel, under the terms of paragraphs 61 to 67 of this Judgment.
4.
It admits the waiver of rights made by the representatives, regarding the right to a
hearing by an impartial and independent court as enshrined by Article 8(1), the right to
appeal the judgment to a higher court as enshrined by Article 8(2)(h) and the right to
judicial protection as enshrined by Article 25 of the Inter-American Convention on Human
Rights, under the terms of paragraph 26 of this Judgment.
5.
This Judgment is in and of itself a form of reparation.
AND DECIDES:
Unanimously,
6.
To order the State to pay the amounts set in this Judgment as compensation for
pecuniary and non-pecuniary damage, and reimbursement of legal costs and expenses,
within the term of one year as from notice of this Judgment, under the terms of paragraphs
110, 119, and 133 hereof.
7.
To order the State to set aside the criminal sentence imposed on Mr. Kimel and all
the effects deriving therefrom within the term of six months as from notice of this
Judgment, under the terms of paragraphs 121 to 123 hereof.
8.
To order the State to write forthwith the name of Mr. Kimel off all public records
wherein he has been entered as having a criminal record in relation to the instant case,
under the terms of paragraphs 121 to 123 hereof.
9.
To order the State to publish the pertinent parts hereof as ordered in paragraph 125
of this Judgment, within the term of six months as from notice hereof.
10.
To order the State to hold a public act as acknowledgement of responsibility, within
the term of six months as from notice of this Judgment, under the terms of paragraph 126
hereof.
11.
To order the State to bring within a reasonable time its domestic legislation into
conformity with the provisions of the Inter-American Convention on Human Rights, so that
the lack of accuracy acknowledged by the State (supra paras. 18, 127, and 128) be
amended in order to comply with the requirements of legal certainty so that, consequently,
they do not affect the exercise of the right to freedom of thought and expression.
12.
To monitor full compliance with this Judgment and to close the instant case once the
State has effectively and fully complied with the measures ordered herein. The State shall,
within the term of one year as from the date of notice of this Judgment, submit to the Court
a report on the measures adopted in compliance therewith.
Cecilia Medina-Quiroga
President