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standards;” the alleged seizure of copies of the book, as well as the originals, a
diskette containing the full text, and the galleys of the publication, all of it carried out
at the premises of the publishing company where the book was to be published; and
the alleged erasure of the complete text of the book in question from the hard disk
of the personal computer of Palamara-Iribarne, and the seizure of the books found
there. As argued by the Commission, “Palamara-Iribarne, a retired Chilean Navy
officer, was at the time of the events a civil servant hired as contractor by the
Chilean Navy in the city of Punta Arenas.” The Commission held that PalamaraIribarne “was prosecuted for two counts of disobedience and correspondingly
convicted,” and “called a press conference at his residence and because of said
conference, criminal charges were instituted against him for contempt of authority
(desacato) and a guilty verdict was returned.”
3.
Likewise, the Commission asked the Inter-American Court to order the State,
under Article 63(1) of the Convention, to adopt the specific reparation measures
detailed in the application. Lastly, the Commission requested the Court to order the
State to pay costs and expenses arising from legal proceedings in the domestic
jurisdiction and under the Inter-American System.
II
JURISDICTION
4.
The Court has jurisdiction to hear the instant case pursuant to Articles 62
and 63(1) of the Convention as Chile has been a State Party to the American
Convention since August 21, 1990, and it accepted the contentious jurisdiction of
the Court on that date.
III
PROCEEDING BEFORE THE COMMISSION
5.
On January 16, 1996, the Center for Justice and International Law (CEJIL, for
its acronym in Spanish) filed a complaint before the Commission.
6.
On October 10, 2001, the Commission approved Report No. 77/01, whereby it
declared the admissibility of the instant case. On October 19, 2001, the Commission
made itself available to the parties to try and reach a friendly settlement.
7.
On March 4, 2003 the Commission, pursuant to Article 50 of the Convention,
adopted Report No. 20/03, and recommended the State:
1.
To restore to Humberto Palamara the exercise of the violated rights
and to give back the books seized.
2.
To adequately compensate Humberto Palamara-Iribarne for the
human right violations […] set forth [in the report].
3.
To adopt adequate measures to adapt domestic legislation to the
provisions of the American Convention regarding freedom of expression,
particularly the de-classification of contempt of authority as a crime.
8.

On March 13, 2003, the Commission gave notice of the above-mentioned

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