71 censorship and the restrictions imposed on the exercise of this right, and has failed to comply with the general obligation to respect and ensure respect for the rights and freedoms set forth in Article 1(1) of said Convention. In addition, Chile has failed to comply with the general obligation to adopt domestic laws laid out in Article 2 of the Convention insofar as it included contempt provisions in its domestic legislation, some of which are still in force, which are contrary to Article 13 of the Convention. VIII VIOLATION OF ARTICLE 21 OF THE CONVENTION IN RELATION TO ARTICLE 1(1) THEREOF (RIGHT TO PRIVATE PROPERTY) 96. Arguments of the Commission a) The State deprived Mr. Palamara-Iribarne of his property upon seizing the copies of the book “Ética y Servicios de Inteligencia” (Ethics and Intelligence Services) and the data stored in the hard disk of his personal computer, and interfered with his legitimate right to “the use and enjoyment” thereof in violation of Article 21(1) and 21(2) of the Convention; b) Not only were the books seized from Mr. Palamara-Iribarne his property, but also the data stored in the hard disk of his personal computer and the intellectual property rights thereon he was not allowed to enjoy, as the publication of the above-mentioned book was prohibited. “[Th]e document simply disappeared and […] so did all the material stored in his personal computer;” c) The measure adopted by the Naval Court ordering the above seizure was neither based on reasons of public utility or social interest nor on reasons of national security. “[O]n the contrary [, …] pursuant to Article 13 of the Convention it is an illegal act of censorship.” Furthermore, no allegations or evidence have been submitted which show that Mr. Palamara-Iribarne has received compensation for the deprivation of the use and enjoyment of his property; d) As to the duty set forth in Article 2 of the Convention to “adopt other measures” to enforce the rights and freedoms recognized by the Convention, should the courts of law refuse to enforce the provisions of the above treaty or be unable to do so given the need to adapt the domestic legislation, their decisions give rise to international responsibility; and e) The State must overturn the domestic judgment whereby Mr. PalamaraIribarne was convicted. 97. Arguments of the representatives They concur with the arguments submitted by the Commission, adding that the condemnatory judgment rendered in Case No. 464 for the criminal offenses of disobedience and breach of military duties “constituted an irreparable violation of the

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