11
and observes that, in this sense, the Court established clear guidelines regarding
the minimum guarantee that must govern said procedure […];” and
c)
“[…] it observes with satisfaction the information presented […] with
regard to the formation of the Commission for the Study of the Reform of Military
Justice and the stages it has set out to fulfill […]”, which “[…] could represent a
step toward complying with that ordered by the Honorable Court […]”, reiterating
the concern expressed by the representatives and the considerations of the
Commission itself with regard to the bill sent to the National Congress.
30.
That the Court values with satisfaction that the State has started the reform
process of military criminal justice in order to adjust it to the international obligations of
the State Party. The Tribunal points out that Chile is promoting an important reform to
military justice, which is organized in four stages, and that for this purpose it established
a Commission made up by representatives of different ministries and State
dependencies, including the armed forces and security forces, which on October 17,
2007 held its inaugural session in the National Congress. On the other hand, the Court
takes note of the sending of a bill to the National Congress that seeks to eliminate the
death penalty and limit the personal and material competence of military justice, which
was the first of the four stages mentioned. In this regard, the Court reiterates that
stated with regard to the importance of the adjustment of domestic legislation to
international standards and the compliance with the obligations of international law by
the different powers of the State (supra Considering Clause number 26). Similarly, the
Tribunal warns that both the representatives and the Inter-American Commission have
expressed differences with the State in what refers to the scope of said bill and they
presented observations to the military justice reform process carried out by the State.
The Inter-American Court considers it necessary that Chile: a) continue sending updated
and detailed information on the measures adopted to comply with the fourteenth and
fifteenth operative paragraphs of the Judgment, including the sending of bills and
relevant documents; b) There are currently two initiatives of the National Executive
Power in this subject: a) the creation of a Special Commission made up by
representatives of different State powers in order to propose a comprehensive reform to
military criminal justice, and b) that is specifically inform on the advances in the different
stages and estimated terms for compliance with the measures ordered by the Tribunal;
and c) in its next report, give its opinion regarding the observations presented in this
sense by the representatives in their briefs of September 13 and November 26, 2007,
and by the Inter-American Commission in its communications of October 17 and
November 21, 2007 (supra Considering Clauses number 28 and 29).
*
*
*
31.
That regarding the duty to pay Mr. Humberto Antonio Palamara Iribarne the
compensation for pecuniary and non-pecuniary damages and the amount set for costs
and expenses, the State informed that “the Ministry of Justice of Chile issued Exempt
Resolution No. 3532 of December 14, 2006 through which it order[ed] the Metropolitan
Regional Treasury to pay Mr. Humberto Palamara Iribarne the amount equal in national
currency to US$ 57,400” and that the victim “pick[ed] up the check issued by the
Treasury on Thursday December 28, 2006.” The State included a copy of Exempt
Resolution N˚ 3532.
32.
That the representatives informed that on “December 28, 2006, little more than a
year after the judgment was issued, Mr. Palamara Iribarne has picked up the check
issued by the Treasury for the amount [equal in national currency to the amount