Order of the
Inter-American Court of Human Rights *
of November 30, 2007
Case of Palamara Iribarne v. Chile
(Monitoring Compliance with Judgment)
HAVING SEEN:
1.
The Judgment on merits, reparations, and costs (hereinafter “the Judgment”)
issued by the Inter-American Court of Human Rights (hereinafter “the Inter-American
Court”, “the Court”, or “the Tribunal”) on November 22, 2005, through which it:
DECLAR[ED]:
Unanimously, that:
1.
The State violated the right to freedom of thought and expression enshrined in
Article 13 of the American Convention on Human Rights, in detriment of Mr. Humberto
Antonio Palamara Iribarne, in relation to the general obligations to respect and guarantee the
rights and liberties and to adopt stipulations of domestic law established in Articles 1(1) and
2 of said treaty, in the terms of paragraphs 67 through 95 of the […] Judgment.
2.
The State violated the right to private property enshrined in Article 21(1) and 21(2)
of the American Convention on Human Rights, in detriment of Mr. Humberto Antonio
Palamara Iribarne, in relation to the general obligation to respect and guarantee the rights
established in Article 1(1) of said treaty, in the terms of paragraphs 99 through 111 of the
[…] Judgment.
3.
The State violated the right to a fair trial enshrined in Article 8 of the American
Convention on Human Rights in its subparagraphs 1, 5, 2(c), 2(d), 2(f), and 2(g), in
detriment of Mr. Humberto Antonio Palamara Iribarne, in relation to the general obligations
to respect and guarantee the rights and liberties and to adopt stipulations of domestic law
established in Articles 1(1) and 2 of said treaty, in the terms of paragraphs 120 through 181
of the […] Judgment.
4.
The State violated the right to judicial protection enshrined in Article 25 of the
American Convention on Human Rights, in detriment of Mr. Humberto Antonio Palamara
Iribarne, in relation to the general obligations to respect and guarantee the rights and
liberties and to adopt stipulations of domestic law established in Articles 1(1) and 2 of said
treaty, in the terms of paragraphs 182 through 189 of the […] Judgment.
5.
The State violated the rights to personal liberty and to a fair trial enshrined in
Articles 7(1), 7(2), 7(3), 7(4), 7(5), 8(2), and 8(2)(b) of the American Convention on Human
Rights, in detriment of Mr. Humberto Antonio Palamara Iribarne, in relation to the general
obligations to respect and guarantee the rights and liberties and to adopt stipulations of
domestic law established in Articles 1(1) and 2 of said treaty, in the terms of paragraphs 193
through 228 of the […] Judgment.
6.
The State has failed to comply with the general obligation to respect and guarantee
the rights and liberties established in Article 1(1) of the Convention, in the terms of
paragraphs 95, 111, 144, 161, 181, 189, and 228 of the […] Judgment.
7.
The State has failed to comply with the general obligation to adopt provisions of
domestic legislation established in Article 2 of the Convention, in the terms of paragraphs 95,
144, 161, 181, 189, and 228 of the […] Judgment.
*
The Judge Cecilia Medina Quiroga, of Chilean nationality, excused herself from the present case, pursuant
to Articles 19(2) of the Statute and 19 of the Rules of Procedure of the Court.