36
99.
With regard to other forms of reparation, the Court believes that this
judgment constitutes, per se, a form of reparation and moral satisfaction of
significance and importance for the victims.22
100. Regarding reimbursement of expenses, this Court must prudently evaluate
what they cover; this includes expenses for the steps taken by the victims before the
authorities in the domestic jurisdiction, and also those arising in the course of the
proceeding before the inter-American protection system. This evaluation may be
carried out based on the principle of fairness.23
101. To this end, based on fairness, the Court calculates those expenses in a total
amount of US$ 4.290 (four thousand two hundred and ninety United States dollars),
and this should be paid to the appropriate party, through the Inter-American
Commission on Human Rights.
102. In accordance with its usual practice, the Court reserves the authority to
monitor the integral fulfillment of this judgment. The case will be closed once the
State has faithfully complied with the provisions of this decision.
XII
OPERATIVE PARAGRAPHS
103.
Therefore,
THE COURT
unanimously:
1.
Finds that the State violated the right to freedom of thought and expression
embodied in Article 13 of the American Convention on Human Rights, to the
detriment of Juan Pablo Olmedo Bustos, Ciro Colombara López, Claudio Márquez
Vidal, Alex Muñoz Wilson, Matías Insunza Tagle and Hernán Aguirre Fuentes.
2.
Finds that the State did not violate the right to freedom of conscience and
religion embodied in Article 12 of the American Convention on Human Rights, to the
detriment of Juan Pablo Olmedo Bustos, Ciro Colombara López, Claudio Márquez
Vidal, Alex Muñoz Wilson, Matías Insunza Tagle and Hernán Aguirre Fuentes.
3.
Finds that the State failed to comply with the general obligations of Article
1(1) and 2 of the American Convention on Human Rights in relation to the violation
of the right to freedom of thought and expression indicated in decision 1 of this
judgment.
4.
Finds that the State must amend its domestic law, within a reasonable period,
in order to eliminate prior censorship to allow exhibition of the film “The Last
Temptation of Christ”, and must provide a report on the measures taken in that
22
cf. Suárez Rosero case. Reparations (Article 63(1) American Convention on Human Rights).
Judgment of January 20, 1999. Series C No. 44, para.72.
23
cf. Suárez Rosero case, supra note 22 para. 92.
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