118
mentioned treaty, in the terms of paragraphs 120 to 181 herein.
4.
The State violated the right to judicial protection consecrated in Article 25 of
the American Convention on Human Rights, to the detriment of Mr. Humberto
Antonio Palamara-Iribarne, regarding the general obligations to respect and
guarantee the rights and freedoms and to adopt the domestic law provisions set
forth in Articles 1(1) and 2 of the above mentioned treaty, in the terms of
paragraphs 182 to 189 herein.
5.
The State violated the rights to personal freedom and fair trial consecrated in
Articles 7(1), 7(2), 7(3), 7(4), 7(5), 8(2) and 8(2)(b) of the American Convention of
Human Rights, to the detriment of Mr. Humberto Antonio Palamara-Iribarne,
regarding the general obligations to respect and guarantee the rights and freedoms
and to adopt the domestic law regulations set forth in Articles 1(1) and 2 of the
above mentioned treaty, in the terms of paragraphs 193 to 228 herein.
6.
The State has failed to comply with the general obligation to respect and
guarantee the rights and freedoms set forth in Article 1(1) of the Convention, in the
terms of paragraphs 95, 111, 144, 161, 181, 189 and 228 herein.
7.
The State has failed to comply with the general obligation to adopt domestic
law regulations set forth in Article 2 of the Convention, in the terms of paragraphs
95, 144, 161, 181, 189 and 228 herein.
8.
This Judgment constitutes per se a form of reparation, in the terms of
paragraph 258.
And Unanimously orders that:
9.
The State must allow the publication of Mr. Humberto Antonio PalamaraIribarne´s book, as well as the restitution of the material he was deprived of, in the
terms of paragraphs 250 and 251 herein.
10. The State must publish, in the term of six months, in the Official Gazette and in
another national release newspaper, only one time, the chapter regarding the facts
proved in this Judgment, without the pertinent footnotes, as well as the operative
part thereof, in the terms of paragraph 252.
11. The State must publish this Judgment entirely in the official website of the
State, in the term of six months, under the terms of paragraph 252.
12. The State must leave without effect, in the term of six months and to every
extent, the conviction against Mr. Humberto Antonio Palamara-Iribarne: judgment of
January 3, 1995 passed by the Navy Court-Martial in Case Rol No. 471 for the crime
of contempt and judgments issued by the said Court Martial in Case No. 464 of
January 3, 1997, and by the Naval Court of Magallanes on June 10, 1996 for the
crime of disobedience and breach of military duties, in the terms of paragraph 253
herein.
13. The State must take all the necessary measures to annul and amend, within a
reasonable period of time, any domestic provisions which are incompatible with the
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents