prepared by the Court, once, in a newspaper with widespread national circulation, in a legible
and appropriate font size; and c) make this judgment, in its entirety, available for one year
on an official website accessible to the public.
205. The State shall immediately notify this Court when it proceeds to carry out each of the
publications and measures ordered.
C.
Guarantees of non-repetition
206. The Commission asked the Court to require the State to bring its domestic criminal
laws on freedom of expression into line with the American Convention, given that some of its
provisions are incompatible with Articles 2 and 13 thereof. It also emphasized the need to
review the legal framework that regulates the crimes of honor and contempt (desacato) still
in force in the country.
207. The representatives asked the Court to order the State to adopt the measures
necessary to eliminate legal definitions that criminalize the exercise of freedom to report
information and express an opinion on matters of public interest. They also requested that the
State modify the laws on the right to freedom of expression.
208. The State affirmed that, in accordance with Article 13(2) of the American Convention,
the right to freedom of expression is not an absolute right, given that this article allows for
restrictions through the application of subsequent liability for the abusive exercise of that
right, which must be established by law, have a legitimate purpose, and be necessary and
proportional.
209. The Court notes that the matter under consideration in this case was the violation of
Mr. Álvarez’s human rights stemming from the criminal case against him, together with the
effectiveness of the remedies established in domestic law for such purposes. The Court does
not consider it necessary to assess the impact of the criminal law applied in this case, given
that the use of criminal law in such cases violates Article 13(2) of the Convention (supra paras.
112 to 132).
D.
Compensation
i)
Pecuniary damage
210. The Commission requested compensation for Mr. Álvarez for pecuniary and nonpecuniary damage resulting from the violations established.
211. The representatives pointed out that for a period of seven years Mr. Tulio Álvarez was
forced to support his family only with his earnings as a teacher at the university where he
worked, which significantly affected the family’s income.
212. They added that the measure barring him from traveling outside the country forced
him to curtail his professional activities and prevented him from continuing to carry out his
commitments abroad. They emphasized that the international discredit affected his work as a
consultant abroad.
213. They argued that in order to quantify the amount due for professional damage suffered
from loss of fees as an international consultant, consideration should be given to the amounts
earned in 1998 and 2003, compared with 2005 (a reduction of 60%) to 2006 (a reduction of
80%), which resulted in a total loss of earnings of US$ 79,157.35 from the cessation of
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