29
124. As measures of reparation, the Commission and the representatives requested that
this Judgment be published in a newspaper of nationwide circulation and that a public act be
organized at which the State acknowledge its international responsibility.
125. As ordered by this Court in previous cases,86 as a measure of satisfaction, the State
shall publish only once Chapter VI of this Judgment, without the relevant footnotes, and the
operative paragraphs hereof, in the Official Gazette and in another newspaper of large
nationwide circulation. For such purpose, the State will have a period of six months as from
the date of notice of this Judgment.
126. Furthermore, the Court deems it appropriate that the State hold a public act of
acknowledgment of responsibility, within six months as from the date of notice of this
Judgment.
c)
Adaptation of domestic law to conform to the Convention
127. The Commission noted that “it is essential that the Court order the State of
Argentina to adopt, as a priority measure, all such legislative and other measures as may be
required to prevent similar facts from occurring in the future.” The representatives stated
that “a legal reform must be implemented in connection with the offenses of libel and
slander, and with the Civil Code provisions, for the manner in which such offenses are
regulated –considering the language used and the lack of accuracy– opens the door for
Argentine courts to hand down arbitrary rulings, thus encouraging the rendering of a large
number of judgments in violation of the freedom of expression.”
128.
Considering the arguments put forward in Chapter VI of this Judgment, the Court
finds it pertinent to order that, within a reasonable time, the State bring its domestic laws in
conformity with the provisions of the Convention, so that the lack of accuracy acknowledged
by the State (supra paras. 18 and 66) 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.
D)
Costs and expenses
129. Legal costs and expenses are embodied in the concept of reparation set forth in
Article 63(1) of the American Convention.87
130. The representatives requested the reimbursement of US$ 6,000.00 (six thousand
United States dollars) to Mr. Kimel on account of the expenses stemming from the domestic
court proceedings, “considering that […] he received pro bono counseling from the Buenos
Aires Press Workers’ Union [Unión de Trabajadores de Prensa de Buenos Aires, UTPBA] for
over nine years [and] he wishes he could reimburse UTPBA for a percentage that represents
the pro bono work of such entity, such that it can perform similar work in other cases.”
Furthermore, as noted in paragraph 107 supra, the representatives noted that Mr. Kimel
had incurred other expenses. The representatives did not produce any evidentiary document
to prove such allegations. Moreover, they requested the sum of US$ 9,919.38 (nine
86
Cf. Case of Cantoral-Benavides v. Peru. Reparations and Costs. Judgment of December 3, 2001. Series C
No. 88, para. 179; Case of Albán-Cornejo et al., supra note 75, para. 157, and Case of the Saramaka People, supra
note 14, para. 196.
87
Cf. Case of the “White Van” (Paniagua-Morales et al.), supra note 14, para. 212, and Case of AlbánCornejo et al., supra note 81, para. 115.