106 228. Based on the above considerations, it is the Court’s conclusion that the State violated Articles 7(1), 7(2), 7(3), 7(4), 7(5), 8(2) and 8(2)(b) of the American Convention, to the detriment of Mr. Humberto Antonio Palamara-Iribarne, and has failed to comply with its general obligation to respect and ensure the exercise of rights and freedoms under Article 1(1) of the Convention. Moreover, by having domestic legal provisions that are in conflict with the rights to personal liberty and the presumption of innocence, Chile has failed to comply with its general obligation to adopt domestic legislative measures under Article 2 of the Convention. XII REPARATIONS APPLICATION OF ARTICLE 63(1) 229. Arguments of the Commission a) The person entitled to reparations is Mr. Humberto Palamara-Iribarne, the victim in the instant case; b) regarding compensation for pecuniary damage, the Commission requested that, in fairly and equitably assessing both the consequential damages and future losses, the Court take due account, “in making its decision, not only of the monetary consequences of the prohibition of the book, but also the effects of such prohibition upon the victim’s family, as the Palamaras were forced to leave their previous residence;” c) regarding non pecuniary damages, the Commission requested that the Court set such compensation at a fair amount payable to Palamara-Iribarne. “It is the Commission’s view that non pecuniary damage flows not only from the loss of a loved one or from bodily injuries. The conditions to which a person is subjected while undergoing criminal prosecution[,] which included measures restricting his personal liberty and a constant feeling of vulnerability upon being criminally convicted for exercising a right, are conditions that cause extreme pain and suffering;” d) as to the measures of satisfaction and non-repetition guarantees, the Commission requested that the Court order the State: 1) to take such measures as may be required to return all seized copies of the book as well as its master copy; 2) to allow immediate publication of the book “Ética en los Servicios de Inteligencia” (“Ethics and Intelligence Services”); 3) to take such measures as may be required to remove the crime of contempt from the laws of Chile, “bringing such legislation in line with the American Convention;” and 4) to take such measures as may be required to prevent similar events from happening in the future; and e) regarding costs and expenses, the Commission requested that, after hearing the representatives of the alleged victim, the Court order the State to make payment of such costs “as may be duly proven by the petitioners,” incurred both domestically in the processing of the judicia l proceedings against the victim and internationally in the prosecution of the case before the