121. The Commission requested that the Court provide a full reparation to the
victims for the violation of their right to freedom of expression, to include moral
aspects.
122. The representatives stated that the civil sentences questioned the seriousness
and the quality of journalism of the victims, as well as their honesty and responsibility,
placing them before society between those journalists who, far from providing
information that contributes to the debate and awareness regarding informed political
decisions, arbitrarily interferes in the lives of people. According to the representatives,
it is inevitable that having to live through a civil sentence had an emotional impact on
the victims. Undergoing a civil trial, which can cause serious damage to a person’s
assets, also raises personal concerns and suffering. In the case of Mr. D'Amico, aside
from the inhibitory effect of the compensation, the emotional impact of the monthly
withdrawal must also be considered, for twenty-one months, in his paycheck, which led
him to maintain a life with this stigma given this seizure. Based on the foregoing, they
requested that the non-pecuniary damage be repaired by way of compensation, in
equity.
123. In this regard, the Inter-American Court finds that the issuance of this
Judgment, the extent of revoking the domestic decisions in their entirety, and the
publication of this Ruling in various media streams, private means as well as those
with wide circulation of social and official means, which includes the judiciary, are
sufficient and appropriate measures of reparation to remedy the violations inflicted on
the victims.
D. Costs and expenses
124. As indicated by the Court in prior occasions, the costs and expenses are
consolidated under the concept of reparations enshrined in Article 63(1) of the
American Convention. 79
125. Although the Commission did not rule specifically on the payment of costs and
expenses, it asked the Court to order full reparation for the victims that includes
material aspects.
126. The representatives stated that the victims were assisted by private attorneys
and had to pay attorney's fees for the opposing party as well as the costs of the
domestic proceeding in general. Therefore, they requested that a compensation be
regulated that includes, in equity, the expenses incurred in the domestic forum. They
also requested reimbursement of expenses incurred by the victims relating to their
participation in the public hearing held in this case. Additionally, the representatives
said that the victims were represented before the Inter-American System by the
Center for Legal and Social Studies, an organization that incurred in ordinary expenses
in the processing of the case an amount of U.S.$ 2,500.00 (two thousand and five
hundred dollars of the United States of America) to cover, among other expenses,
phone, fax, mail, and supplies. Finally, they requested reimbursement of U.S.$
5,270.80 (five thousand two hundred and seventy dollars of the United States of
79
Cf. Case of Garrido and Baigorria V Argentina. Reparations and Costs. Judgment of August 27,
1998. Serie C No. 39, para. 79, and Case of Barbani Duarte et al. V. Uruguay, supra note 8, para. 266.
36
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