6
reparation of victims, and therefore their presence, participation and agreement, with the
details of the execution of the act, are particularly relevant.”
27.
The Court values greatly the reference, to the present case, made by the President
of the Republic within the framework of the Extraordinary Session of the Inter-American
Commission. However, the Court notes that the words of the President in said ceremony do
not constitute a recognition of responsibility for the violation of, inter alia, the freedom of
expression of the victim. In fact, the words of the President, according to the information
provided by the State, reveal the will of the Executive to initiate the implementation of
another measure of reparation ordered in the Judgment, that is, the adaptation of domestic
law to the Convention’s terms on freedom of expression, regarding the crimes of libel and
slander. The Court also observes that, according to the representatives (supra Considering
clause 25), the victim was not informed nor was present at the mentioned event, but
instead learnt of it and thus, of the reference to his case, because the speech by the
President of the Republic was shown through a “national public broadcast”, as was indicated
by the State. For all the foregoing reasons, the Tribunal considers that the act carried out
on September 11, 2009, is not sufficient to be considered a satisfactory measure of
reparation in regard to the violations committed.
28.
Additionally, the Court considers it necessary to observe that compliance with this
measure of redress is still pending, despite the death of Mr. Kimel. Measures of satisfaction,
such as the present one, have effects on the recovery of the memory of the victims, the
restoration of their dignity, as a consolation for their next of kin, or as an official message of
disapproval for the human rights violations in question and of commitment to the efforts to
ensure that they do not happen again.5 Public acts of acknowledgment of responsibility by
the State, as the one ordered in the Judgment, serve the dual purpose of providing
satisfaction to the victim and his family, by restoring his dignity, and serving as a guarantee
of non-repetition of the violations committed. This has been the view of this Tribunal in
numerous occasions.6 Accordingly, the Court considers that in the instant case the State
must comply with this measure of reparation both to avoid repetition of similar events, as
well as to bring a sense of dignity to the memory of the victim. Likewise, the Court also
considers that to ensure that the said recognition of responsibility fulfills its effectiveness
(effet utile), the State must seek the participation, cooperation and agreement of the family
of the victim, in regard to its compliance.
29.
On the other hand, although the Court values the steps mentioned by the State so as
to hold a public act of acknowledgement of responsibility according to the victim’s wishes
(supra Considering Clause 24), it notes that the deadline to fulfill this obligation expired on
November of 2008, more than a year before the victim’s passing, without it being complied
with to date. The Court regrets the lack of timely fulfillment of this obligation by the State,
since the contrary would have made it possible for the victim to be present. Finally, the
Court requests the State to adopt, without delay, all measures necessary to ensure effective
compliance with the tenth operative paragraph of the Judgment.
*
*
*
30.
In relation to the obligation to bring its domestic legislation into conformity with the
provisions of the Inter-American Convention on Human Rights, so that the inaccuracies
5
Cf. Case of the “Street Children” (Villagrán-Morales et al.) v. Guatemala. Reparations and Costs. Judgment
of May 26, 2001. Series C No. 77, para. 84.
6
Cf. Case of La Cantuta v. Peru. Merits, Reparations, and Costs. Judgment of November 29, 2006. Series C
No. 162, para. 235; Case of Cantoral-Huamaní and García-Santa Cruz v. Peru. Preliminary Objection, Merits,
Reparations, and Costs. Judgment of July 10, 2007. Series C No. 167, para. 193, and Case of Zambrano-Vélez et
al. v. Ecuador. Merits, Reparations, and Costs. Judgment of July 4, 2007. Series C No. 166, para. 150.