95
DECLARES:
Unanimously, that:
1.
The State violated the right to freedom of thought and expression embodied
in Article 13 of the American Convention on Human Rights, in relation to Article 1(1)
thereof, to the detriment of Ricardo Nicolás Canese Krivoshein, in the terms of
paragraphs 96 to 108 of this judgment.
2.
The State violated the right to freedom of movement embodied in Article 22
of the American Convention on Human Rights, in relation to Article 1(1) thereof, to
the detriment of Ricardo Nicolás Canese Krivoshein, in the terms of paragraphs 119
to 135 of this judgment.
3.
The State violated the principle of reasonable time, the right to presumption
of innocence and the right to defense embodied, respectively in Article 8(1), 8(2)
and 8(2)(f) of the American Convention on Human Rights, in relation to Article 1(1)
thereof, to the detriment of Ricardo Nicolás Canese Krivoshein, in the terms of
paragraphs 139 to 167 of this judgment.
4.
The State violated the principle of the retroactivity of the most favorable
norm embodied in Article 9 of the American Convention on Human Rights, in relation
to Article 1(1) thereof, to the detriment of Ricardo Nicolás Canese Krivoshein, in the
terms of paragraphs 182 to 187 of this judgment.
AND ORDERS:
Unanimously, that:
5.
This judgment constitutes per se a form of reparation, in the terms of its
paragraphs 205 and 211.
6.
The State shall pay the sum of US$35,000.00 (thirty-five thousand United
States dollars) or the equivalent in Paraguayan currency, to compensate the nonpecuniary damage caused to Ricardo Nicolás Canese Krivoshein, in the terms of
paragraphs 206 and 207 of this judgment.
7.
The State shall pay Ricardo Nicolás Canese Krivoshein the total amount of
US$5,500.00 (five thousand five hundred United States dollars), for costs and
expenses. Of this total, the sum of US$1,500.00 (one thousand five hundred United
States dollars) shall correspond to the expenses which Mr. Canese Krivoshein
incurred before the Inter-American Commission, and the amount of US$4,000.00
(four thousand United States dollars) to the costs and expenses that Mr. Canese
Krivoshein must reimburse to his representatives for the expenditure they assumed
in the international proceeding before the Inter-American System for the protection
of human rights, in the terms of paragraphs 214, 215 and 217 of this judgment.
8.
The State shall publish once in the Official Gazette and in another newspaper
with national circulation the chapter on the proven facts in this judgment, without
the corresponding footnotes, and its operative paragraphs, in the terms of paragraph
209 of this judgment.
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