24 i. The honor of the individual should be protected without prejudicing the exercise of freedom of expression and the right to receive information. Also, Article 14 of the Convention establishes that any person injured by inaccurate or offensive statements has the right to reply or make a correction using the same communications outlet; j. There is no dispute with regard to the violation of this rule, because Chile stated that the judgment of the Court of Appeal of Santiago, ratified by the Supreme Court of Justice, is a violation of freedom of expression; k. The experts’ statements to the Court demonstrated the existence of a repeated conduct whereby, in cases of conflict between freedom of expression and the right to honor of certain individuals, the Chilean courts prefer to restrict freedom of expression, which violates the principle of the indivisibility of human rights; l. The State is responsible for the acts of the Judiciary, even in cases in which the actions of the latter exceed its authority, whatsoever the position of its other organs. Although, internally, the Executive, the Legislature and the Judiciary are distinct and independent, they comprise an indivisible unity and, therefore, the State must assume international responsibility for the acts of the organs of public authority that violate international commitments; m. The legal system in force in Chile has incorporated the rights and freedoms embodied in the Convention, de jure, in article 5(2) of the Constitution. That is to say, there is an obligation to respect human rights, without any need to amend the Constitution or the laws. Also, the Chilean courts have applied the Convention, in relation to the rights embodied in it, without the need for any legal or constitutional amendment; for example, preference has been given to personal freedom over domestic legislation that regulates pre-trial detention for the crime of fraudulent emission of cheques; and n. An eventual reform of the Constitution concerning freedom of expression will not make the violations of the alleged victims’ human rights in which the State has incurred in this case disappear with retroactive effect. The State’s arguments 62. The State alleged that: a. It has no substantive discrepancies with the Commission; it does not dispute the facts, although this does not mean that it accepts responsibility with regard to the facts; b. In a message to the Congress, President Eduardo Frei Ruiz-Tagle has indicated the Chilean Government’s position against prior censorship and recognized that the free expression of ideas and artistic creation is part of the essence of a society of free individuals, ready to seek the truth through dialogue and discussion and not by imposing censorship. Prior censorship cannot exist in a democracy, because a democratic system supposes an open society with free exchange of opinions, arguments and information;

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