INTER-AMERICAN COURT OF HUMAN RIGHTS
CASE OF PALAMARA-IRIBARNE V. CHILE
JUDGMENT OF NOVEMBER 22, 2005
(Merits, Reparations, and Costs)

In the case of Palamara-Iribarne,
The Inter-American Court of Human Rights (hereinafter “the Inter-American Court”,
“the Court” or “the Tribunal”), composed of the following judges:*
Sergio García-Ramírez, President;
Alirio Abreu-Burelli, Vice-President;
Oliver Jackman, Judge;
Antônio A. Cançado Trindade, Judge;
Manuel E. Ventura-Robles, Judge;
Diego García-Sayán, Judge;
also present,
Pablo Saavedra-Alessandri, Secretary, and
Emilia Segares-Rodríguez, Deputy Secretary;
delivers the following judgment pursuant to Articles 62(3) and 63(1) of the American
Convention on Human Rights (hereinafter “the Convention” or “the American
Convention”) and Articles 29, 31, 56 and 58 of the Rules of Procedure of the Court
(hereinafter “the Rules of Procedure”).
I
INTRODUCTION TO THE CASE
1.
On April 13, 2004, pursuant to the provisions of Articles 50 and 61 of the
American Convention, the Inter-American Commission on Human Rights (hereinafter
“the Commission” or “the Inter-American Commission”) filed before the Court an
application against the Republic of Chile (hereinafter “the State” or “Chile”)
originating in petition No. 11,571, filed before the Secretariat of the Commission on
January 16, 1996.
2.
The Commission filed an application requesting the Court to decide whether the
State had violated Articles 13 (Right to Freedom of Expression) and 21 (Right to
Property) of the American Convention, with relation to the obligations set forth in
Articles 1(1) (Obligation to Respect Rights) and 2 (Obligation to Adopt Domestic Law
Measures) thereof, to the detriment of Humberto Palamara-Iribarne. The facts stated
in the application refer to the alleged prohibition in March 1993, against publication
of the book authored by Humberto Antonio Palamara-Iribarne, “Ética y Servicios de
Inteligencia” (“Ethics and Intelligence Services”), “in which he addressed issues
related to military intelligence and the need to bring it into line with certain ethical

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