6
19.
That the Court points out that the information included in the State’s last
communication of March 23, 2007 regarding compliance of this point o the Judgment
was transmitted to the parties without receiving any objection in this regard from the
Inter-American Commission or the representatives. On its part, the Tribunal has verified
that the entire Judgment is published on the website of the Human Rights Office of
Chile’s Ministry of Foreign Affairs and it has accessed said text on several occasions
without problem.
*
*
*
20.
That in relation to the State’s duty to leave without effect, in all their aspects, the
convictions issued against Mr. Humberto Palamara Iribarne, Chile first informed that “it
[was] studying, along with the corresponding public authorities, a mechanism that will
allow the elimination of the criminal records in the registry corresponding to Mr.
Humberto Palamara Iribarne.” This “would permit to leave without effect the main
consequence of the judgments issued in cases number 471 and 434, whose sentences
were already served by Mr. Palamara prior to the Inter-American’s ruling on this case.”
The State mentioned that “it hope[d] to have in the near future the administrative
decision that will allow it to eliminate Mr. Palamara’s criminal records” and that “[t]he
advances of this process are being […] communicated to the legal representative of [Mr.
Palamara].” Later, on August 2007 the State informed the Court that on June 5, 2007 it
complied with “the elimination of [the criminal antecedents] that affected Mr. Humberto
Palamara.” Finally, in November 2007 the State forwarded the copies of the “official
letter through which the National Director of the Civil Registry and Identification
inform[ed] of the elimination of the cases No. 464 and 471 […]” and of a certificate of
criminal antecedents issued on October 26, 2007, in which it can be read that Mr.
Humberto Antonio Palamara Iribarne appears “without antecedents” in the General
Registry of Convictions.
21.
That the representatives observed “with concern the fact that having expired the
six-month term […] for the State to adopt all the judicial and administrative measures as
well as those of any other nature necessary to leave the military criminal proceedings
instituted against Mr. Palamara Iribarne and their convictions without effect, including
the elimination of the criminal records from the corresponding registry, the Chilean State
ha[d] not yet complied with this obligation causing the victim serious damages.” The
representatives stated that Mr. Palamara Iribarne, could not resume his normal life after
the occurred facts that were object of the proceedings presented before the Court and
“that having the six-month term granted by the Court for the State of Chile to comply
with this operative paragraph expired and more than a year after the judgment was
issued, the damages caused to Mr. Palamara Iribarne have not been repaired and his
rights continue to be affected.” Therefore, they asked the Court “to require the State’s
prompt compliance with the obligation […].”
On September 13, 2007 the
representatives requested that the State be required to present a copy of the
determination that ordered the elimination of the antecedents of Mr. Palamara Iribarne
along with a current certificate of criminal antecedents. In its brief of November 12,
2007 the representatives stated that they are […] please[d] with that informed by the
State of Chile in the understanding that the elimination of ‘the cases’ that affected Mr.
Palamara have full legal effects –administrative, police, and judicial- so that in the future
the judicial procedures and the convictions issued against Mr. Palamara can never be
invoked.” (supra Having Seen paragraph 3).
22.
That the Inter-American Commission stated first that “it shares the concern
expressed by the representatives of the injured party and considers it very important
that the State inform of the efforts made in order to complete the internal processes and