8
“criminal legislation punishing [libel and slander].”8 Because of this, the Court considers that
the obligation to adapt its domestic law, derived from the Judgment, is restricted to the
modification of such inaccuracies in criminal matters.
35.
In light of the abovementioned, and taking into account the conformity expressed by
the representatives at least in regard to the amendments made to the relevant criminal
laws, the Court declares that the State has complied with operative paragraph eleven of the
Judgment.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions and in accordance with
Articles 33, 62(1), 62(3), 65, 67 and 68(1) of the American Convention on Human Rights,
25(1) and 30 of its Statute, and 31 and 69 of its Rules of Procedure,9
DECLARES THAT:
1.
In accordance with Considering Paragraphs 11, 19, 23 and 35 of the instant Order,
the State has fully complied with the following obligations:
a)
to pay the amounts set in the Judgment as compensation for pecuniary and
non-pecuniary damage, and reimbursement of legal costs and expenses (sixth
operative paragraph of the Judgment);
b)
to remove immediately the name of Mr. Kimel off all public records wherein he
has been entered as having a criminal record in relation to the present case
(eighth operative paragraph of the Judgment);
c)
to carry out the publications indicated in paragraph 125 of the Judgment (ninth
operative paragraph of the Judgment), and
d)
to bring its domestic legislation into conformity with the provisions of the InterAmerican Convention on Human Rights, so that the lack of accuracy
acknowledged by the State be amended, in order to comply with the
requirements of legal certainty so that, consequently, they do not affect the
exercise of the right to freedom of thought and expression (eleventh operative
paragraph).
2.
The monitoring proceedings will remain open until full compliance with the measures
pending, in accordance with Considering Paragraphs 15 and 29 of the instant Order, is
achieved, namely to:
8
a)
set aside the criminal sentence imposed on Mr. Kimel and all the effects
deriving therefrom (seventh operative paragraph of the Judgment), and
b)
hold a public act of acknowledgement of its responsibility (tenth operative
paragraph of the Judgment).
Case Kimel v. Argentina, supra note 7Error! Bookmark not defined., para. 18.
9
Rules of Procedure approved by the Court in its LXXXV Regular Period of Sessions, held from November,
16 to 28, 2009.