3
procedural norms, such as those referring to compliance with the decisions of the Court.
These obligations are to be interpreted and enforced in a manner such that the protected
guarantee is truly practical and effective, bearing in mind the special nature of human rights
treaties.4
*
*
*
7.
The representatives informed the Court in their communication of March 4, 2010
(supra Having Seen 3) that on February 10, 2010, Mr. Kimel passed away.
8.
The Court, in its March 8, 2010 note, offered its condolences to Mr. Kimel’s family
members and, deeply regrets that Mr. Kimel’s death occurred prior to the Judgment being
fully complied with.
*
*
*
9.
With respect to the obligation to pay the amounts set in the Judgment as
compensation for pecuniary and non-pecuniary damage, and reimbursement of legal costs
and expenses (sixth operative paragraph), the State informed that the corresponding
payment “for every item indicated in the Judgment […] was made effective on September
24, 2008.” It indicated that, on said date, the General Treasury of the Nation deposited the
total sum of US$40,000.00 (forty thousand dollars of the United States of America) in the
bank account indicated by Mr. Kimel.
10.
The representatives confirmed that “the compensation had been made effective” and
they stated that the State had adopted “the appropriate measures” to comply with the
present obligation. Similarly, the Commission observed that “this measure should be
deemed satisfied.”
11.
The Tribunal observes that, according to the information submitted, the State paid
Mr. Kimel the total amount ordered in the Judgment, within the timeframe it established.
As a consequence, the Tribunal considers that the State has fully complied with operative
paragraph six of the Judgment.
*
*
*
12.
In relation to the obligation to set aside the criminal sentence imposed on Mr. Kimel
and all the effects deriving therefrom (seventh operative paragraph), the State indicated
that “the practical consequences derived from the judgment in the criminal case in question
have been set aside,” and provided information regarding the steps taken to eliminate the
victim’s criminal record. Nonetheless, the State added that “for the annulment as such of
the criminal judgment and its feasibility in the context of [its] juridical system, the
corresponding determinations by the permanent legal and technical services of each
ministry of the State should be awaited.”
13.
The representatives informed that fulfillment of this measure is pending because the
criminal sentence has not been set aside, given that “the corresponding tribunal has not
made any decision on the matter yet.” They noted that the State has not submitted any
evidence that it has studied or put into place concrete mechanisms in order to obtain a
judicial decision or an opinion from the legal and technical services to which it made
reference in its report. They indicated that, although in Argentina there is no rule that
4
Cf. Case of Ivcher-Bronstein v. Peru. Competence. Judgment of September 24, 1999. Series C No. 54,
para. 37; Case of the Saramaka People v. Suriname, supra note 1, considering clause six, and Case of Heliodoro
Portugal v. Panama, supra note 1, considering clause five.