62
9.
The State violated, to the detriment of Mr. Santander Tristán Donoso, the
right to a fair trial enshrined in Article 8(1) of the American Convention, in relation to
Article 1(1) thereof, for the lack of sufficient grounds in the Court decision on the
disclosure of the telephone conversation, as set forth in paragraphs 152 to 157 of
this Judgment.
10.
The State did not violate, to the detriment of Mr. Santander Tristán Donoso,
the right to a fair trial enshrined in Article 8(1) of the American Convention, in
relation to Article 1(1) thereof, in the framework of the investigation conducted
against Mr. Tristán Donoso for crimes against honor, as set forth in paragraphs 163
to 167 of this Judgment.
11.
It is deemed unnecessary to effect any considerations besides those made on
Article 13 of the American Convention regarding the allegations by the
representatives of the victim on the alleged violation of the right to be presumed
innocent, enshrined in Article 8(2) of the American Convention, in relation to Article
1(1) thereof, as set forth in paragraph 169 of this Judgment.
AND RULES,
unanimously, that:
12.
This Judgment is per se, a form of reparation.
13.
The State shall pay to Mr. Tristán Donoso the amount set in paragraph 191 of
this Judgment for non-pecuniary damages within one year as from the date notice of
the instant Judgment be served and pursuant to the provisions in paragraphs 217 to
222 of this Judgment.
14.
The State shall set aside the criminal conviction entered against Mr. Tristán
Donoso and all the consequences arising therefrom, within one year as from the date
notice of the instant Judgment be served and pursuant to the provisions of
paragraph 195 hereof.
15.
The State shall publish paragraphs 1 to 5; 30 to 57; 68 to 83; 90 to 130; 152
to 157 and the operative part of this Judgment, only once and without footnotes, in
the Official Gazette and in another newspaper of great nationwide circulation. Such
publications shall be made within six months as from the date notice of the instant
Judgment be served, as required in paragraph 197 hereof.
16.
The State shall pay the amount established in paragraph 216 of the instant
Judgment, in reimbursement of costs and expenses, within one year as from the
date notice of the instant Judgment be served and in the manner provided by
paragraphs 217 to 222 of this Judgment.
17.
The Court, by virtue of its authority and in accordance with its duties under
the American Convention, shall monitor full compliance with this Judgment. The
instant case shall be closed once the State has fully complied with the provisions set
forth herein. Within one year as from the date notice of the instant Judgment be
served, the State shall submit a report to the Court describing the measures adopted
in compliance with this Judgment.