177. Although the Court notes that no training measures have been requested, given the
importance of the exercise of the right to freedom of expression on environmental issues, this
Court deems it pertinent to order the implementation of specific programs to educate and
train public officials on the rights of access to information and public participation in
environmental matters, based on the aspects addressed in the judgment. Accordingly, the
Court orders the State to implement, within one year, education and training programs aimed
at public officials, for a period of three years. Specifically, these programs should cover the
contents established in this Court’s case law, particularly in Advisory Opinion OC-23/17 on
access to public information and participation in environmental matters and access to
environmental justice, among other topics.
E. Other measures requested
178. As a measure of satisfaction, the representatives requested that the State be ordered
to acknowledge that in this case Mr. Baraona issued his statements in exercise of his right to
freedom of expression. In response, the State argued that said measure is not appropriate
since the facts claimed by Mr. Baraona are not sufficiently important nor are they related to
attacks on life and personal integrity.
179. The Court considers that the reparation measures ordered in this judgment are
sufficient and adequate to remedy the violations suffered by the victim. Consequently, it does
not find it necessary to order additional measures of reparation.
F. Compensation
180. The Commission requested that the Court order the State to provide comprehensive
reparation, both pecuniary and non-pecuniary, for the human rights violations declared in the
Merits Report.
181. The representatives requested that the State be ordered to pay Mr. Baraona the sum
of USD $100,000 (one hundred thousand United States dollars) for all the expenses,191 time
and harm, both professional and personal, caused by the sentence imposed on him and of
which he was a victim.
182. The State argued that it bears no responsibility whatsoever for the charges made
against it. It pointed out that no background information has been provided to demonstrate
the amount of expenses and damages caused and accounted for. It noted that Mr. Baraona
has continued to practice his profession and remains a known figure in environmental matters.
It emphasized that neither the Commission nor the representatives have proven that Mr.
Baraona suffered any pecuniary or non-pecuniary damage as a result of the lawsuit brought
against him by a private citizen. It argued that the Court, in order to establish the amount of
compensation in equity, has evaluated the anguish and suffering in situations involving the
violation of the right to freedom of expression. However, none of these situations occurred as
a consequence of the criminal case involving Mr. Baraona Bray, whose case was definitively
dismissed within a short period of time without further prejudice, and therefore this claim is
inappropriate.
F.1. Pecuniary and non-pecuniary damage
183. The Court has established in its case law that pecuniary damage encompasses the
loss of or detriment to the victims’ income, the expenses incurred as a result of the facts and
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The costs will be analyzed in the corresponding section of this judgment.
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