5
11.
That in relation to the publication in the Official Gazette and in another newspaper
of national circulation, for a single time, of the chapter on proven facts and the operative
paragraphs of the Judgment, the State informed that “it proceeded to comply with this
operative paragraph, through the corresponding insertion in the ‘Official Gazette of the
Republic of Chile’ on August 10, 2006 and in the newspaper of national circulation ‘La
Nación’ on August 7, 2006,” and it presented a copy of the numbers of both publications.
12.
That the representatives agree with the information provided by the State in what
refers to the publication of the corresponding parts of the Judgment in the Official
Gazette of the Republic of Chile. Likewise, they informed that, “the mentioned extracts
of the judgment [were] publish[ed] on August 7, 2006 on pages 13 and following of the
newspaper ‘La Nación’, of ample national circulation, but unfortunately the publication
was inserted in the section of classified ads, a section that does not have great
importance.” Despite the previous, the representatives considered that this obligation
was fulfilled by the State, “however said compliance has not respected the six-month
term established by the Court.”
13.
That the Inter-American Commission “value[d] the compliance with the obligation
of publishing the Judgment in the Official Gazette and in a newspaper of national
circulation.”
14.
That the Tribunal warns that the Inter-American Commission and the
representatives considered this obligation complied with, despite the fact that the latter
mentioned that the publication was made in the classified ads section of said newspaper,
section that is not of great importance, and that the same was made once the six-month
term ordered in the Judgment had expired.
*
*
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15.
That regarding the duty to publish the complete Judgment on the State’s official
website, Chile informed, on September 28, 2006, that it proceeded to publish the entire
judgment on the official website of the State of Chile belonging to the Ministry of Foreign
Affairs.
16.
That the representatives informed that they have “accessed on different occasions
the […] electronic address, being the last time on January 31, 2007, and they have not
been able to locate the mentioned publication,” reason for which they mentioned that
“the obligation to publish the entire judgment […] was not complied with by the State.”
17.
That the Inter-American Commission indicated that “it agrees with the
representatives of the injured party since it has tried to access, on several occasions, the
website mentioned by the State of Chile and it has not been able to verify that up to this
date [March 2007] there is in fact a link to the complete text of the Judgment on said
page.” The Inter-American Commission stated it “is awaiting the State’s information
regarding what happened with said publication, since it has been more than double the
period of time granted by the Court for said effect.”
18.
That after the observations made by the representatives and the Commission, on
March 23, 2007 the State informed that the publication of the complete Judgment had
been made on the webpage of the Ministry of Foreign Affairs in the “Novelties” section,
being kept in that section for approximately six months. Likewise, it informed that, “with
the purpose of making its access easier, it has been transferred to the section
corresponding to the Human Rights Office [on the page of the Ministry of Foreign
Affairs].”