B. Measures of Restitution B.1. Requests of the Commission and the parties 167. The Commission requested that the State annul the criminal conviction imposed on Emilio Palacio Urrutia, Carlos Eduardo Pérez Barriga and César Enrique Pérez Barriga and El Universo limited company. In this regard, it stated that the Commission understands that the conviction is upheld and that the names of the victims appear in the judicial records. It also considers that there must be a guarantee that the offended party in the criminal process cannot now request compensation. 168. The representatives agreed with the Commission’s request. Additionally, they requested that the State eliminate any reference to Emilio Palacio, Carlos Nicolás Pérez Lapentti, Carlos Eduardo Pérez Barriga and César Enrique Pérez Barriga in the "Automatic System of Ecuadorian Judicial Processing" register held by the Council of the Judiciary in Ecuador, and in the records of the State security bodies, and any other legal effect that said judgment may have generated. 169. The State argued that the judgment indicated by the Commission and the representatives cannot be annuled, since it never came into effect. In relation to the alleged elimination of any reference in the Registry System, the State warned that the names of Emilio Palacio, Carlos Nicolás Pérez Lapentti, Carlos Eduardo Pérez Barriga and César Enrique Pérez appear in cases unrelated to these proceedings and that this does not prejudice them. B.2. Considerations of the Court 170. In this case, the Court determined that the State is responsible for the violation of the rights to freedom of expression and the principle of legality, for the criminal sentence of three years in prison and the payment of a fine, imposed by the Fifteenth Court on July 20, 2011, which was confirmed on November 22, 2011 by the Provincial Court. However, the Court confirmed that on February 28, 2012, the National Court of Justice accepted the request for pardon of the sentence and the remittance of the payment of damages and procedural costs and ordered the case be archived, for which the conviction of first instance was never carried out. 171. In relation to the foregoing, based on the proven violations, the specifics of the case, and its possible procedural consequences, the Court determines that the State must adopt all the necessary measures to annul, in every respect, the Judgment of July 20, 2011, confirmed on September 22, 2011, including, where appropriate, the scope that these have regarding namely (a) the attribution of criminal and civil responsibility to Emilio Palacio Urrutia, Carlos Nicolás Pérez Lapentti, Carlos Eduardo Pérez Barriga and César Enrique Pérez, and (b) any other effect that those decisions have or may have had, including any judicial or administrative record, or the possibility that it may be recognized as a judicial precedent. In order to comply with this reparation, the State must adopt all necessary judicial, administrative and other measures, and to do so it has a period of one year from notification of this Judgment. C. Measures of satisfaction C.1. Requests of the Commission and the parties 55

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