86
c)
To order the State to abstain from making excessive use of measures
that restrict rights and that are applied to guarantee presence at a trial; to
ensure that they are “proportionate and appropriate;” to limit, insofar as
possible, the use of restrictive measures to guarantee presence at a trial, and
to implement mechanisms that ensure that rights are not endangered for an
indefinite or over-long period, taking into account the legal interest that such
measures are designed to protect, the seriousness of the offense for which an
action has been filed, and the personal situation of the defendant;
d)
To order the State to ensure that the restrictive measures applied to
guarantee presence at a trial do not become “an anticipated punishment,
which is not established by law;”
e)
To order the State to make a public apology for the human rights
violations which it perpetrated and to publish the judgment handed down by
the Court. These are very appropriate measures to make reparation to Mr.
Canese; they also provide reparation to Paraguayan society as a whole;
f)
Regarding compensation for pecuniary damage, to establish an
amount in fairness “for the violations endured during eight years, as of the
judgment of first instance, taking into account the possible loss of earnings
represented by the restriction of his right to leave the country;”
g)
Regarding compensation for non-pecuniary damage, to establish an
amount in fairness, which takes into consideration “the situation of someone
subjected to a proceeding during eight years, to measures restricting his
freedom of movement for the same period, and to a permanent feeling of
vulnerability as a result of a criminal conviction for exercising a right,” which
have caused Mr. Canese “extreme pain and suffering;” and
h)
In relation to costs, to order the State to pay the costs incurred at the
national level by processing the legal actions filed by the alleged victim, and
also those incurred at the international level by processing the case before
the Commission and the Court.
Arguments of the representatives of the alleged victim
189. The representatives of the alleged victim stated that reparation should be
made to Ricardo Canese, the person directly prejudiced by the acts that violated his
rights, and indicated to the Court that:
a)
The State’s argument concerning the alleged reparation to Mr. Canese,
owing to the decision handed down by the Supreme Court of Justice of
Paraguay on December 11, 2002, that absolved him of the offense of slander,
constitutes “a partial and belated reparation” and does not guarantee “the
non-repetition of the facts denounced;”
b)
According to Paraguayan legislation, the judgments of the Supreme
Court do not have a binding effect for judges, and do not have an effect erga
omnes; therefore, there is no certainty that “the same legal doctrine will
apply in a similar case.” The judgment of the Supreme Court of Justice of
Paraguay of December 11, 2002, cannot guarantee that no one “will be
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