42
American Convention of the regulations that governed the proceeding and the application
thereof in this case.140
145. However, based on the specific circumstances of this case and that the Court did not
establish the international responsibility of the State for the violation of the principle of
legality and freedom from ex-post facto law, enshrined in Article 9 of the American
Convention, this Court does not consider it appropriate to order the State to nullify the
criminal proceedings and sentence imposed on Mr. Alibux.141 As such, the Court does not
order any reparation in this regard.
C.
Measures of satisfaction and guarantees of non-repetition
C.1 Measures of satisfaction
C.1.1 Publication and dissemination of the Judgment
146. Neither the Commission nor the State referred to this measure of reparation.
147. International case law and, in particular, that of the Court, has repeatedly established
that the judgment can constitute per se a form of reparation.142 Nevertheless, in light of the
violations declared in the present Judgment, the Court finds it pertinent to order, as it has in
other cases143, that the State must, within six months of notification of this Judgment,
publish the following: a) the official summary of the present Judgment developed by the
Court in English, which must be translated to Dutch at the expense of the State 144,
published in both languages, once in the official gazette and once in a national newspaper
with widespread circulation; and b) the present Judgment, in its entirety in English, on an
official website of the State, and remain available for a period of one year.
C.2 Guarantees of non-repetition
C.2.1 Request to adopt measures under domestic law
148. The Commission requested that the State adopt the measures necessary to ensure
that high-ranking officials prosecuted for acts committed in the discharge of their official
capacity have access to an effective remedy to challenge the sentence imposed upon them.
Similarly, the Commission asked that the State take the legislative or other type of
measures necessary to guarantee that an effective mechanism exist to review issues of a
constitutional nature.
149. The State noted that since August 28, 2007, there has existed a process of appeal for
persons who were convicted in the first instance and sentenced for criminal offenses
committed during and in the discharge of their capacity as political office holders. The State
further alleged that the provisions set forth in the Code of Criminal Procedure are applied
140
63.
141
Cf. Case of Fermín Ramírez V. Guatemala. Merits, Reparations and Costs. Judgment of June 20, 2005, para.
Cf. Case of Barreto Leiva, supra, paras. 129 and 130, and Case of Mohamed, supra, paras. 151 and 152.
142
Cf. Case of Neira Alegría et al. V. Perú. Reparations and Costs. Judgment of September 19, 1996. Series C
No. 29, para. 56, and Case of J., supra, para. 394.
143
Cf. Case of Cantoral Benavides, supra, para. 79, and Case of Osorio Rivera and family V. Perú. Preliminary
Objections, Merits, Reparations and Costs. Judgment of November 26, 2013. Series 274, para. 260.
144
Cf. Case of Nadege Dorzema et al. V. Dominican Republic. Merits, Reparations and Costs. Judgment of
October 24, 2012. Series C No. 251, para. 263.