28
compensation for non-pecuniary damage, assessed on equitable grounds.83
118. In the light of the evidence submitted, the Court finds that, as a result of the facts of
the instant case, Mr. Kimel was discredited in his work as a journalist; he suffered anxiety,
anguish and depression; his professional career was impaired; so were his family life and
economic stability; and he suffered the consequences of criminal prosecution, including his
addition to the criminal offenders registry.
119. Based on the foregoing and on grounds of equity, the Court sets the sum of US$
20,000.00 (twenty thousand United States dollars) as compensation for non-pecuniary
damage. The State shall pay this amount directly to the beneficiary within one year as from
the date of notice of this Judgment.
C)
MEASURES OF SATISFACTION AND GUARANTEES OF NON-REPETITION
120. The Court will determine the measures of satisfaction required to provide reparation
for non-pecuniary damage which are non-pecuniary in nature, and will order measures
which have a public scope or impact.84 For that purpose, the Court will take into
consideration the fact that the State “le[ft] to [the] Court to determine in its discretion the
scope” of “non-pecuniary” reparations.
a)
Annulment of criminal judgment
121. The Inter-American Commission contended that the State must “adopt measures
aimed at ceasing in the violations and reinstating the victim’s status,” among them “the
final suspension of the effects of the criminal proceedings instituted against him, including
the criminal sentence and the order to pay compensation for moral damage in the amount
of 20,000.00 pesos, as well as the expungement of the victim’s criminal record[…], and the
revocation of the prohibition for him to leave the country.”
122. As a measure of reparation, the representatives requested that “the criminal and civil
judgment [against Mr. Kimel] be annulled, and that his criminal record be expunged and,
along with it, all possible effects of the judgment, eliminated.”
123. The Court has found that the condemnatory judgment rendered against Mr. Kimel
implied the violation of his right to freedom of thought expression (supra para. 95).
Accordingly, in line with its previous decisions,85 the Court hereby orders that the State
annul such judgment in all respects, including its effects as far as third parties are
concerned, namely: 1) Mr. Kimel’s conviction for the crime of libel; 2) the sentence of one
year of suspended imprisonment, and 3) the order to pay $ 20,000.00 (twenty thousand
Argentine pesos). For such purpose, the State will have a period of six months as from the
date of notice of this Judgment. Moreover the State is required to immediately expunge Mr.
Kimel’s criminal record in connection with the instant case.
(b)
Publication of the Judgment and public acknowledgment
83
Cf. Case of the “Street Children” (Villagrán-Morales et al.) v. Guatemala. Reparations and Costs. Judgment
of May 26, 2001. Series C No. 77, para. 84; Case of Chaparro Alvarez y Lapo Iñíguez, supra note 17, para. 250,
and Case of Saramaka People, supra note 14, paras. 200 and 201.
84
Cf. Case of the “Street Children” (Villagrán-Morales et al.), supra note 83, para. 84; Case of Chaparro
Alvarez y Lapo Iñíguez, supra note 17, para. 254, and Case of Albán-Cornejo et al., supra note 75, para. 155.
85
Cf. Case of Herrera-Ulloa, supra note 12, para. 195.