63
a)
Affirmed that the acknowledgement of international responsibility
should attenuate the State’s liability and influence the judgment on
reparations in relation to non-pecuniary damage, and be taken into account
with regard to pecuniary reparations. These reparations should be estimated
according to the country’s financial possibilities;
b)
Requested the Court to consider the matter of financial reparations in
great detail to ensure that the State could comply with them within a
reasonable time and, accordingly, to take into account the Government’s
current policy of resolving the cases before the Inter-American Commission
on Human Rights in a conciliatory manner;
c)
Requested that the financial reparation process should be carried out
as of 2006, owing to the State’s financial commitments arising from the
judgments on reparations in the Maritza Urrutia, Myrna Mack Chang and
Molina Theissen cases, and those that will derive from the Plan de Sánchez
Massacre case;
d)
Regarding “El Gráfico” the State alleged that:
i.
There is no objective estimate of the damage caused by the
State as regards the financial collapse of “El Gráfico”;
ii.
The company is not bankrupt, but inactive. Therefore, the State
should not compensate, even symbolically, a damage that has not
been produced, since, legally, the company has not been declared
bankrupt or been liquidated. Moreover, in a limited company the
shareholders benefit from the profits and are liable for the losses, and
the death of one of them does not create legal grounds for the
liquidation of a company, because companies could not exist under the
auspices of just one of their shareholders;
iii.
The commercial boycott experienced by “El Gráfico” occurred in
1999, during the presidency of Álvaro Arzú Irigoyen, a fact that does
not correspond directly to the extrajudicial execution of Jorge Carpio
Nicolle. This boycott was designed by the President himself, who was a
bitter enemy of Mr. Carpio Nicolle in the 1990 elections, and was due,
above all, to the insistence of the Carpio family, using “El Gráfico,” to
delve deeply into the investigations relating to Mr. Carpio Nicolle’s
murder;
iv.
From 1993 to 1999, when “El Gráfico” was still operating, the
Guatemalan currency suffered a major devaluation, which evidently
had a negative effect on the financial and productive activities of
companies operating in the country;
v.
According to the principles of impartiality, freedom and
objectivity, a newspaper should generally keep a prudent distance
from links with any specific party. Combining activities in journalism,
business and politics – the latter aimed at obtaining political power –
subjected the company to the vicissitudes and artifices of the sphere
of politics;
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