47
the violations in the instant case (supra paras. 112 to 117) and decide it as provided for by
law.
176.
Lastly, the representatives informed the Court that, since 2005, the victim has been
the subject of a criminal action for alleged perjury “committed when denouncing the police
agents who [supposedly] tortured him” and that he has recently received threats to make
him desist from the judicial actions that he has filed against those who he identifies as
responsible for the human rights violations perpetrated against him.154 In this regard, the
Court reiterates to the State that it is obliged to ensure that the victim has full access and
capacity to act at all stages and before all instances of the proceeding in which Juan Carlos
Bayarri is the complainant (supra para. 112), in keeping with domestic law and the norms of
the American Convention,155 and this includes the obligation to guarantee the victim the
necessary protection from threats and harassment aimed at obstructing the proceeding,
avoiding the clarification of the facts, and concealing those responsible. When the victim
denounces the use of judicial recourses as instruments of intimidation, the State must
guarantee the victim his right to be heard by an independent and impartial court with the
guarantees of due process in the processing of these recourses.
D) Measures of satisfaction and guarantees of non-repetition
177. In this section, the Court will determine measures of satisfaction and guarantees of
non-repetition that seek to repair the non-pecuniary damage and that are not of a pecuniary
nature.
i) Publication of the pertinent parts of this judgment
178. The Commission asked the Court to order the Argentine State to “publish the
pertinent parts of the judgment.” Neither the representatives nor the State submitted
arguments in this regard.
179. As it has in other cases,156 the Court considers it appropriate to order, as a measure
of satisfaction, that the State publish once in the official gazette, and in two other national
daily newspapers with widespread circulation, chapters I, VII, VIII and IX of this judgment,
without the corresponding footnotes, as well as the operative paragraphs hereof. The
publications must be made within six months of the notification of this judgment.
ii) Elimination of criminal record
180. In other cases in which the victims have been prosecuted by the State in violation of
their human rights and subsequently acquitted by the national judicial authorities, the Court
has ordered the elimination of their criminal record as reparation.157 In the instant case, the
154
Cf. case No. 57.403/2005, entitled “threats against Bayarri” (helpful evidence submitted by the State,
case 9523_05.pdf).
155
Cf. El Caracazo v. Venezuela. Reparations and costs. Judgment of August 29, 2002. Series C No. 95,
paras. 118 and 143; case of Cantoral Huamaní and García Santa Cruz, supra note 150, para. 191; and case of
Heliodoro Portugal, supra note 10, para. 247.
156
Cf. Trujillo Oroza v. Bolivia. Reparations and costs. Judgment of February 27, 2002. Series C No. 92; para.
119; case of Castañeda Gutman, supra note 35, para. 235; and case of Heliodoro Portugal, supra note 10, para.
247.
157
Cf. case of Suárez Rosero. Reparations and costs. Judgment of January 20, 1999. Series C No. 44, para.
113; case of Chaparro Álvarez and Lapo Íñiguez, supra note 9, para. 260; and case of Kimel, supra note 125, para.
123.