56
195. This Court has held that the criminal punishment imposed on Mr. Tristán
Donoso affected his right to freedom of expression (supra para. 130). So, the
Tribunal finds that, in accordance with its case law,159 the State must set aside such
judgment in all of its points, including its effects on third parties, to wit: a) The
qualification of Mr. Tristán Donoso as guilty of the crime of defamation; b) the
imposition of an 18 month imprisonment sentence (replaced by a 75 days’ fine); c)
the disqualification for holding public office for the same term; d) the civil
compensation pending determination; and e) the inclusion of his name in any
criminal records. The State shall comply with the foregoing within one year as from
the date notice of the instant Judgment be served upon it.
b) Obligation to publish the Judgment
196. The representatives requested the Tribunal that, for the Panamanian society
to "learn the truth about what happened", it order the State to publish the relevant
parts of the instant Judgment in the Official Gazette and in two newspapers of
greater nationwide circulation. Likewise, they indicated that the media in which the
Judgment is to be published should “be established by mutual agreement [with the
victim].”
197. As the Court has ruled in other cases,160 as a satisfaction measure, the State
shall publish, only once, in the Official Gazette and in another newspaper of
nationwide circulation, paragraphs 1 to 5; 30 to 57; 68 to 83; 90 to 130; 152 to 157
and the operative part of the instant Judgment, without footnotes. Such publications
shall be effected within six months as from the date notice of the instant Judgment
be served.
c) Public acknowledgment of international responsibility
198. The Commission requested that the State publicly acknowledge its
international responsibility for having violated the human rights of the victim in the
instant case.
199. The representatives requested that the State be ordered to hold a public
ceremony of apology and acknowledgment of its international responsibility for the
violations. Such ceremony “shall be headed by the highest representative of the
State, and other representatives of government organs shall also be present, in
particular, of the Judicial Branch and of the Procuradoría General de la Nación [Office
of the National Attorney General],” and the media shall be there. The foregoing shall
be done owing to the fact that the reputation of the victim was seriously affected and
that the case was given wide coverage by the Panamanian media.
200. The Court notes that, although in a recent case involving the right to freedom
of expression it was considered pertinent to hold a ceremony of public recognition
due to the particular circumstances thereof, such measure is often, although not
159
Cf. Case of Herrera-Ulloa, supra note 79, para. 195; Case of Palamara-Iribarne, supra note 101,
para. 253; and Case of Kimel, supra note 78, para. 123.
160
Cf. Case of Barrios Altos v. Peru. Reparations and Costs. Judgment of November 30, 2001. Series
C No. 87, Operative Paragraph 5 d); Case of Ticona-Estrada et al., supra note 6, para. 160; and Case of
Valle-Jaramillo et al., supra note 6, para. 234.