7
coordination that will allow it to comply with the obligation established by the Court as
soon as possible.” On October 17, 2007 the Inter-American Commission expressed that
it was awaiting the corresponding documents to issue its observation in that regard, and
on November 14, 2007 it stated that “[…] it notes with satisfaction the information
provided by the State […] with regard to the recent ‘elimination of the cases’ and of the
criminal antecedents that fell upon the victim.”
*
*
*
23.
That regarding the duty to adopt all the measures necessary to annul and modify
the domestic norms that are not compatible with international standards in the matter of
freedom of thought and expression, the State informed that “the Executive Power is
studying the possibility to present a bill that will clarify or modify the scope of Article 264
of the Criminal Code in the part that refers to the crime of ‘threats’, taking into account
the observations and comments stated in paragraph 92 of the [J]udgment.” With regard
to the elimination of the crime of contempt of the Code of Military Justice, the State
informed that, “[…] said matter is being dealt with by [the Special] Commission [in
charge of the reform to military criminal justice].”
24.
That the representatives informed that the State “has not presented specific
information regarding the measures it will adopt in seeking to prepare the bill and
sending it to the National Congress for the study and eventual approval of the mentioned
bill” and that “it has not indicated an estimate of time to comply with this obligation.”
The representatives observed that even though the Tribunal granted a “reasonable
period of time” to comply with this obligation, “the lack of specific steps after a year of
the issuing of the judgment and communicating that the possibility of presenting a bill to
modify Article 264 of the Criminal Code is being studied are insufficient measures for the
satisfaction of the reparations ordered by the Inter-American Court.”
25.
That the Inter-American Commission indicated that there is “a lack of specific
information on the State’s behalf of the measures tending to effectively comply with this
reparation” and that “[i]t is essential that the modifications made as a result of the
present case seek the protection of the freedom of thought and expression and that the
information presented to the Tribunal establish the specific steps adopted in that sense.”
The Commission added that “it knows of legislative initiatives presented since [the time
at which] the case was being heard before the Court and it has stated its specific
concern regarding the crime of contempt in the Military Jurisdiction, [and that] due to
that and to the time that has gone by since the issuing of the Judgment by the Court,
[the Inter-American Commission stated that] it is awaiting detailed information
regarding the measures adopted by the State as soon as possible.”
26.
That the Court values the information provided by the State on the measure
tending to the adjustment of domestic legislation to international standards in matters of
freedom of thought and expression. In this regard, the Tribunal observes that an
important legislative change was ordered to the State and that the reform process is at
an initial stage. The Court highlights the need that the State adopt specific measures
tending to comply with that established in the Judgment and to offer greater
information, especially in reference to: i) the stages of the preparation of the bill that
are pending compliance or, in its case, the status of its legislative process; ii) the
estimated approximate terms for its compliance; and iii) the content of the reform
projects oriented to complying with this aspect of the Judgment. Finally, the Court
considers it convenient to remember that the conventional obligations of the States
Parties are binding for all the State’s powers and bodies and it points out that this