92
the dignity of the victim.170 The first aspect of reparation for non-pecuniary damage
will be considered in this section and the second in section (C) of this chapter.
205. International case law has established repeatedly that the judgment
constitutes, per se, a form of reparation.171 However, owing to the circumstances of
the instant case, and the consequences of a non-pecuniary nature that the
proceedings and the criminal conviction had on the professional, personal and family
life of the victim, and on the exercise of his rights to freedom of thought and
expression and freedom of movement, the Court considers that, non-pecuniary
damage should also be repaired, by the payment of compensation in fairness.172
206. To establish compensation for non-pecuniary damage, the Court will take into
account that the criminal proceedings filed against Mr. Canese, the criminal
conviction imposed by the competent courts, and the restriction of his right to leave
the country during almost eight years and four months affected his professional
activities and had an inhibiting effect on his exercise of freedom of expression. It
should be recalled that the violations of Mr. Canese’s rights established in this
judgment originated from the dissemination of statements he made as a candidate to
the presidency of the Republic, in the context of an electoral campaign, when he
referred to matters of public interest concerning another candidate.
207. Bearing in mind the different aspects of the non-pecuniary damage caused,
the Court establishes, in fairness, the amount of US$35,000.00 (thirty-five thousand
United States dollars) or the equivalent in Paraguayan currency, which the State
must pay to Mr. Canese as compensation for non-pecuniary damage.
C) OTHER FORMS OF REPARATION
(MEASURES OF SATISFACTION AND GUARANTEES OF NON-REPETITION)
208. In this section, the Court will begin to determine the measures of satisfaction
that seek to repair the non-pecuniary damage, which are not of a pecuniary nature,
but have public repercussions.173
209. As it has established in other case, as a measures of satisfaction,174 the State
must publish once in the Official Gazette and in another newspaper with national
circulation, the chapter of this judgment on proven facts, without the corresponding
footnotes, and its operative paragraphs.
210. The Court takes into consideration the recent reforms that the State has
made to its penal and procedural legislation, to adapt its domestic norms to the
170
Cf. Case of the Gómez-Paquiyauri brothers, supra note 2, para. 211; Case of 19 Merchants, supra
note 2, para. 244; and Case of Molina-Theissen. Reparations, supra note 2, para. 65.
171
Cf. Case of the Gómez-Paquiyauri brothers, supra note 2, para. 215; Case of 19 Merchants, supra
note 2, para. 247; and Case of Molina-Theissen. Reparations, supra note 2, para. 66.
172
Cf. Case of the Gómez-Paquiyauri brothers, supra note 2, para. 215; Case of 19 Merchants, supra
note 2, para. 247; and Case of Molina-Theissen. Reparations, supra note 2, para. 66.
173
Cf. Case of the Gómez-Paquiyauri brothers, supra note 2, para. 223; Case of 19 Merchants, supra
note 2, para. 253; and Case of Molina-Theissen. Reparations, supra note 2, para. 77.
174
Cf. Case of the Gómez-Paquiyauri brothers, supra note 2, para. 235; Case of Molina-Theissen,
supra note 2, para. 86; and Case of Myrna Mack-Chang, supra note 15, para. 280.
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