whether, within the current legal framework, legislation exists that permits the application
of the military criminal jurisdiction to civilians.
c) Other aspects of the judgment
23.
Concerning the payments ordered for Anne Ellen Steward Orlandini, pursuant to the
provisions of paragraphs 242 and 243 of the judgment delivered in this case, in February
2010, the representatives advised that “Mr. Palamara Iribarne had confirmed [to them] his
willingness to deliver this amount to Mrs. Steward Orlandini.” The representatives have not
forwarded any further information on this point.
24.
The Court considers it important to indicate that, since February 2010, the
representatives have not forwarded any further information on their client’s compliance with
the payments to Mrs. Steward Orlandini. In this regard, the Court finds it pertinent to
reiterate the provisions of the judgment and of the orders on monitoring compliance in this
case,13 that Mr. Palamara Iribarne must pay “Anne Ellen Steward Orlandini the necessary
amount to compensate her for her expenses.”14 Consequently, the Court requires the
representatives to submit recent information on this point in order to verify whether Mr.
Palamara Iribarne has in fact complied with the payment of the amount owed to Mrs.
Steward Orlandini.
THEREFORE:
THE INTER-AMERICAN COURT OF HUMAN RIGHTS,
in exercise of its authority to monitor compliance with its decisions in accordance with
Articles 33, 62(1), 62(3), 65, 67, and 68(1) of the American Convention on Human Rights,
25(1) and 30 of its Statute, and 31(2) and 69 of its Rules of Procedure, 15
DECLARES THAT:
1.
It will keep open the procedure of monitoring compliance with the following aspects
of this case that are pending:
a) To adopt, within a reasonable period, all the measures necessary to repeal and
amend domestic laws that are incompatible with international standards on
13
Cf. Case of Palamara Iribarne v. Chile, supra note 7, para. 242; Case of Palamara Iribarne v. Chile.
Monitoring compliance with judgment. Order of the Inter-American Court of Human Rights of November 30, 2007,
thirty-eighth considering paragraph, and Case of Palamara Iribarne v. Chile, supra note 5, twenty-fourth
considering paragraph.
14
15
2009.
Cf. Case of Palamara Iribarne, supra note 7, para. 242.
Rules of Procedure of the Court approved at its eight-fifth regular session held from November 16 to 28,
9