ORDER OF THE INTER-AMERICAN COURT OF HUMAN RIGHTS
OF NOVEMBER 15, 2010
CASE OF KIMEL V. ARGENTINA
MONITORING OF COMPLIANCE OF JUDGMENT
HAVING SEEN:
1.
The Judgment on merits, reparations and costs (hereinafter “the Judgment”) issued
in the present case by the Inter-American Court of Human Rights (hereinafter “the InterAmerican Court,” “the Court’ or “the Tribunal”) on May 2, 2008.
2.
The Order of the Court of May 18, 2010, related to the monitoring of compliance with
the Judgment, whereby it ruled:
1. In accordance with the [present] Order, the State [has] fully complied with the following duties:
a)
to pay the amounts set in the Judgment as compensation for pecuniary and non-pecuniary
damage, and the reimbursement of legal costs and expenses (operative paragraph six of the
Judgment);
b)
to immediately remove the name of Mr. Kimel off all public records where he [was] shown to have
a criminal record in relation to the present case (operative paragraph eight of the Judgment);
c)
to carry out the publications indicated in paragraph 125 of the Judgment (operative paragraph nine
of the Judgment); and,
d)
to bring its domestic legislation into conformity with the provisions of the Inter-American
Convention on Human Rights, so that the inaccuracies acknowledged by the State be amended, in
order to comply with the requirements of legal certainty so that, consequently, the exercise of the
right to freedom of thought and expression is not affected (operative paragraph eleven).
2.
The monitoring proceedings [will] remain open until full compliance with the outstanding
measures is achieved in the present case, namely to:
a)
nullify the criminal sentence imposed on Mr. Kimel and all the effects thereof (operative
paragraph seven of the Judgment); and,
Judge Leonardo A. Franco, of Argentine nationality, was excused from hearing this case prior to the
issuance of the Judgment on May 2, 2008. Consequently, he did not participate in the deliberation or signing of
the present Order.
Order adopted by the Court at its XLII Period of Special Sessions, held in Quito, Ecuador from 15 to 19
November, 2010.