4
11.
That on the basis of information supplied by the parties, the Court concludes
that the State has discharged its obligation to provide the information requested by the
victims.
*
*
*
12.
That with regard to the obligation to publish the judgment, as ordered in
Operative point 6 of the text, the State reported that it had completed the publication
in the Official Gazette of the Republic of Chile on January 17, 2007 and in the "La
Nación" newspaper on January 22, 2007, and it attached copies thereof.
13.
That the representative confirmed that these publications had been released
and felt that the State had fully complied with this measure of redress ordered in the
judgment.
14.
That the Inter-American Commission observed "the publications made and the
position of the parties" and acknowledged "the importance of this measure in the
process of complying with reparations ordered by the Court and of recognizing the
injury caused."
15.
That based on the information provided by the parties, the Court concludes that
the State has honored its obligation to publish the relevant sections of the judgment,
within a period of six months, in the Official Gazette and in another widely circulated
national newspaper.
*
*
*
16.
That with regard to the obligation to adopt the necessary measures to ensure
the right of access to State-held information, established in Operative point 7 of the
judgment, Chile reported that "the draft bill developed for this purpose is currently in
the final stages of the legislative process before the National Congress." The State also
submitted a record reflecting the status of the draft bill in the Congress, the principles
that will be legislated therein and the scope that the new law will give to the right of
access to public information. This record also notes that the Court's judgment in the
instant case was reflected in the draft bill and that the expected law will "legislate the
principle of transparency that the constitutional reform of 2005 incorporated [into
Chile's domestic law], specifically targeting the provisions given in the new Article 8 of
the [National] Constitution."
17.
That the representative informed the Court that "both chambers of the National
Congress recently approved the regulatory provisions governing transparency in public
office and access to information on State administration […], soon to go into effect
after the text has been published in the Official Gazette," which was expected to occur
in the first quarter of 2008. The representative noted that "the State of Chile
respond[ed] to the obligations contained in the American Convention on Human Rights
and the judgment of the Inter-American Court of Human Rights;" he highlighted the
main features of the new law and "recognized and applauded the upcoming entry into
force of the law and the sense of commitment displayed by the executive branch and
the Congress in processing it." Notwithstanding this, he expressed "misgivings on
certain specific provisions of the new law, with regard to guaranteeing the right to
State-held information that, when they go into effect and are applied to potential