have been declared victims of the violation of any right recognized in this instrument are
the injured party. Therefore, the Court considers that Ronald Moya Chacón and Freddy
Parrales Chaves are the “injured party” and, as victims of the violations declared in
Chapter VII of this judgment, they will be the beneficiaries of the reparations ordered
by the Court.
B. Restitution
99. The Commission recommended annulling the civil sanction imposed on the
journalists Ronald Moya Chacón and Freddy Parrales Chaves.
100. The representatives also asked the Court to require the State “to annul all
aspects of the judgment handed down by the Second Circuit Trial Court of San José on
January 10, 2007, and its subsequent ratification by the judgment of the Third Chamber
of the Supreme Court of Justice on December 20, 2007.” They also requested that the
State annul any other legal effects that the said judgment could have given rise to,
“including all financial effects.”
101. The State contested the measure of reparation requested “because the plaintiffs
were guilty of causing unjust harm.” The State also emphasized that the civil
compensation had been paid by La Nación, arguing a “lack of legal standing” of the
alleged victims “because the only persons authorized to require the payment of damages
are those who have suffered harm or their family members.” Moreover, La Nación could
not be considered an “injured party” in the terms of the Convention because it was a
legal entity.
102. The Court determines that the State must adopt the necessary measures to annul
the attribution of civil liability to Freddy Parrales Chaves and Ronald Moya Chacón
imposed by judgment No. 02-2007 handed down by the Second Circuit Criminal Court
of San José, Goicoechea, on January 10, 2007, and confirmed in cassation by the Third
Chamber of the Supreme Court of Justice on December 20, 2007; this includes any
administrative or judicial record, or the possibility that it could be recognized as a judicial
precedent. To comply with this reparation, the State must adopt the administrative,
judicial or any other measure necessary within one year of notification of this judgment.
It corresponds to the State to identify the legal act, measure or action it can adopt to
ensure adequate reparation to the victims in relation to the annulment of this attribution
of civil liability.
103. The Court does not find it appropriate to order the repayment of the sums
disbursed due to the civil conviction to pay damages and procedural costs because the
victims in this case did not have to make this payment (supra para. 48) and there is no
record in the body of evidence – and it has not been argued – that La Nación has filed
or could eventually file an action against the victims to reclaim the amounts disbursed
by the newspaper.
C. Measures of satisfaction
104. The Commission recommended, in general, the adoption of measures of
satisfaction.
105. The representatives asked the Court to require the State to publish, within six
months of notification of the judgment: (a) the official summary of the judgment
prepared by the Court, once, in the Official Gazette of Costa Rica in an appropriate and
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