ORDER OF THE
INTER-AMERICAN COURT OF HUMAN RIGHTS*
OF SEPTEMBER 22, 2006
CASE OF RICARDO CANESE V. PARAGUAY
MONITORING COMPLIANCE WITH JUDGMENT

HAVING SEEN:
1.
The Judgment on the merits, reparations and legal costs passed by the InterAmerican Court of Human Rights (hereinafter, the “Court” or the “Tribunal”) on
August 31, 2004, in which, it was unanimously found 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 [said] 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 [said] 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 [said] judgment.
4.
The State violated the principle of the retroactivity of the most favorable penal
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 [said] judgment.
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 non-pecuniary
damage caused to Ricardo Nicolás Canese Krivoshein, in the terms of paragraphs 206
and 207 of [said] judgment.

*

Judge Oliver Jackman did not take part in deliberations nor affixed his name to this Order, as he
informed the Court that, for reasons beyond his control, he could not take part in the Seventy-second
Regular Session of the Court. Furthermore, Judge Cecilia Medina Quiroga advised the Court of her
disqualification, pursuant to the terms of Article 19 of the Court’s Statute and Article 19 of the Court’s
Rules of Procedure and, therefore, she did not take part in the issuance of the Judgment or this present
Order.

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