43 85. c) where murder is committed by State agents, an international crime arises, in respect of which national sovereignty, expressed in the adherence to international treaties, is necessarily restricted, and the possibility to grant an indiscriminate pardon or amnesty is thus also limited; d) a State may freely establish its domestic legislation, pursuant to its national sovereign laws. The State, however, does not have the authority to modify unilaterally any situations or circumstances for which there is an international juridical classification. If international law considers or classifies a specific fact as a crime, binding the State to punish such fact, the State cannot alter or modify such status for domestic convenience; e) the referral of the case to the military courts is a violation of Article 8 of the American Convention, since the court hearing the instant case was not competent, independent or impartial; and f) in this regard, a system of justice such as the military courts cannot be impartial from the moment it places all its means of defense at the disposal of the person it shall subject to prosecution and trial. Arguments of the State a) to begin with, amnesty or self-amnesty laws are contrary to international human rights law; b) the case law of the higher courts of justice of Chile, traceable from 1998, has established several mechanisms to avoid the application of the Amnesty Decree Law, and so avoid its negative effects regarding the respect for human rights, and c) it endorses the opinion of the Inter-American Court, which establishes that as a matter of principle, it is desirable that no amnesty laws exist, but in case they do, they must not be an obstacle for the respect of human rights, as established by the Court in the Case of Barrios Altos. Considerations of the Court 86. Article 1(1) of the Convention establishes the following: The States Parties to this Convention undertake to respect the rights and freedoms recognized herein and to ensure to all persons subject to their jurisdiction the free and full exercise of those rights and freedoms, without any discrimination for reasons of race, color, sex, language, religion, political or other opinion, national or social origin, economic status, birth, or any other social condition. 87. Likewise, Article 2 of the Convention establishes the following: Where the exercise of any of the rights or freedoms referred to in Article 1 is not already ensured by legislative or other provisions, the States Parties undertake to adopt, in accordance with their constitutional processes and the provisions of this Convention,