10
according to any additional costs and expenses that may be incurred in relation to the
proceedings brought before this Court.”17 Notwithstanding, it deems that these documents
are useful for the adjudication of the instant case and, therefore, it will assess them
together with the rest of the body of evidence.
35.
Regarding testimonies and expert reports and statements, the Court deems them
admissible inasmuch as they are in accordance with the object set by the Order issued by
the President ordering to admit them (supra para. 7). The Court considers that the
statement rendered by Mr. Kimel may not be assessed separately, but as a whole with the
rest of the body of evidence, as he is the alleged victim and, therefore, has an interest in
the outcome of the instant case.18
36.
Having assessed the body of evidence in the instant case, the Court will now
examine the alleged violations, considering the facts that have already been determined and
those which may come to be proven,19 included in each chapter as appropriate.
Furthermore, the Court will examine the parties’ relevant arguments, taking into
consideration the acknowledgment of facts and the acquiescence to the alleged victim’s
claims made by the State, as well as the waiver of rights made by the representatives.
VI
ARTICLE 13 (FREEDOM OF THOUGHT AND EXPRESSION)20 AND ARTICLE 9 (FREEDOM FROM EX
POST FACTO LAWS)21 IN RELATION TO ARTICLES 1(1) (OBLIGATION TO RESPECT RIGHTS)22 AND
2 (DOMESTIC LEGAL EFFECTS)23 OF THE AMERICAN CONVENTION
17
Cf. Case of Chaparro Álvarez y Lapo Iñiguez v. Ecuador. Preliminary Objections, Merits, Reparations, and
Costs. Judgment of November 21, 2007. Series C No. 170, para. 275.
18
Cf. Case of Loayza-Tamayo v. Peru. Merits. Judgment of September 17, 1997. Series C No. 33, para. 43;
Case of Zambrano-Vélez et al., supra note 11, para. 40 and Case of the Saramaka People, supra note 14, para. 69.
19
Hereinafter, the Judgment contains facts which this Court deems to have been proven based on the
acknowledgment made by the State. Some of such facts have been supported with evidentiary items, in which case
the pertinent footnotes are inserted.
20
In its relevant part, Article 13 of the Convention sets forth that:
1.
Everyone has the right to freedom of thought and expression. This right includes freedom to
seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in
writing, in print, in the form of art, or through any other medium of one’s choice.
2.
The exercise of the right provided for in the foregoing paragraph shall not be subject to prior
censorship but shall be subject to subsequent imposition of liability, which shall be expressly
established by law to the extent necessary to ensure:
21
a.
respect for the rights or reputation of others; or
b.
the protection of national security, public order, or public health or morals. […]
Article 9 of the Convention sets forth that:
No one shall be convicted of any act or omission that did not constitute a criminal offense, under the
applicable law, at the time it was committed. A heavier penalty shall not be imposed than the one
that was applicable at the time the criminal offense was committed. If subsequent to the commission
of the offense the law provides for the imposition of a lighter punishment, the guilty person shall
benefit therefrom.
22
Article 1(1) of the Convention sets forth that:
The Status Parties to this Convention undertake to respect the rights and freedoms recognized herein
and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and
freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or
other opinion, national or social origin, economic status, birth, or any other social condition.
23
Article 2 of the Convention sets forth that: