2
8.
[The] Judgment constitutes per se a form of reparation, in the terms of paragraph
258 of the same.
AND ORDER[ED]:
Unanimously, that:
9.
The State must allow Mr. Humberto Antonio Palamara Iribarne to publish his book,
as well as return all the material that was taken from him, in the terms of paragraphs 250
and 251 of the […] Judgment.
10.
The State must publish, within a six-month term, in the Official Gazette and in
another newspaper of national circulation, a single time, the chapter regarding the proven
facts of the […] Judgment, without the corresponding footnotes, and the operative part of
the same, in the terms of paragraph 252 of the same.
11.
The State must publish the entire […] Judgment on the official website, within a sixmonth term, in the terms of paragraph 252 of the same.
12.
The State must, within a six-month term, leave without effect, in all its points, the
convictions issued against Mr. Humberto Antonio Palamara Iribarne: the judgment of January
3, 1995 of the Army’s Court-Martial in Case No. 471 for the crime of contempt and the
judgments issued by said Court-Martial in Case No. 464 on January 3, 1997 and by the Naval
Court of Magallanes on June 10, 1996 for the crimes of disobedience and non-compliance of
military duties, in the terms of paragraph 253 of the […] Judgment.
13.
The State must adopt all the measures necessary to annul and modify, within a
reasonable term, any domestic norms that are not compatible with international standards in
matters of freedom of thought and expression, in the terms of the paragraphs 254 and 255
of the […] Judgment.
14.
The State must adjust, within a reasonable period of time, the domestic juridical
ordinance to international standards on military criminal jurisdiction, in such a way that in
the case that it considers the existence of a military criminal jurisdiction necessary, the same
must be limited only to the hearing of cases of crimes of duty committed by soldiers in active
service. Therefore, the State must establish, through its legislation, limits to the material and
personal competence of the military courts, ensuring that in no circumstance will a civilian be
submitted to the jurisdiction of military criminal courts, in the terms of paragraphs 256 and
257 of the […] Judgment.
15.
The State must guarantee the due process in the military criminal jurisdiction and
the judicial protection regarding the actions of the military authorities, in the terms of
paragraph 257 of the […] Judgment.
16.
The State must pay Mr. Humberto Antonio Palamara Iribarne, within a one-year
term, the amounts set as compensation for pecuniary damages in paragraphs 239, 242, and
243 of the […] Judgment, in the terms of paragraphs 261 through 267 of the same.
17.
The State must pay Mr. Humberto Antonio Palamara Iribarne, within a one-year
term, the amount set as compensation for non-pecuniary damage in paragraph 248 of the
[…] Judgment, in the terms of paragraphs 261 through 267 of the same.
18.
The State must pay Mr. Humberto Antonio Palamara Iribarne, within a one-year
term, the amount set for costs and expenses in paragraph 260 of the […] Judgment, in the
terms of said paragraph.
19.
It will monitor the compliance of the […] Judgment in all its aspects, and it will close
the present case once the State has fully implemented all of the provisions of the same.
Within a one-year period as of notification of […] Judgment, the State must present a report
of the measures taken in compliance of this Judgment to the Court, in the terms of
paragraph 268 of the […] Judgment.
[…]
2.
The briefs of February 20 and September 28, 2006, of January 17 and its
appendixes, of March 23 and of July 16, the two briefs of August 29 and their
appendixes, and the briefs of November 6 and 12 and their corresponding appendixes,