9
made and expressed that it expects to receive information on any progress made in this
important process of adaptation of military justice.
17.
That the Court appreciates the information furnished by the State regarding
compliance with operative paragraphs fourteen and fifteen of the Judgment, as well as the
progress made in the study and preparation of guiding principles for the military criminal
justice reform, among other initiatives. Nonetheless, the Court observes that, after almost
four years from the date the Judgment was delivered, the proceeding to comply with these
reparations is still at an initial stage and no substantial legislative progress has been made
in order to bring domestic law in line with the orders of the Court.
18.
That, additionally, the Court notes that objections have been made regarding the
guiding principles set forth by the State in relation to the military criminal justice reform,
basically as regards subject-matter and personal jurisdiction. In this regard, the Court
deems it desirable to recall that in the Judgment it found that “should [Chile] consider that
having military criminal courts is in fact necessary, their jurisdiction should be restricted to
cases concerning crimes of a strictly military nature committed by military personnel in
active service only. Therefore, through its own domestic laws, the State is required to set
limits to the subject-matter and personal jurisdiction of military courts, so that under no
circumstance may a civilian be subjected to the jurisdiction of military courts.”10 Therefore,
if the modification of the domestic legal system to bring it in line with international
standards on military criminal justice is to be consistent with the reparation ordered in the
Judgment, the normative reform must respect said limits.
19.
That, based on the foregoing considerations, the Inter-American Court deems it
necessary that Chile: a) continue to furnish updated and detailed information on the
measures adopted to comply with operative paragraphs fourteen and fifteen of the
Judgment, including the forwarding of relevant documents; b) furnish special information on
any progress made in the different stages and on the estimated periods of time to comply
with the orders of the Court; and c) answer, in its next report, the comments included in the
representatives’ briefs (supra Considering clause 15).
*
*
*
20.
That, on the other hand, in its communication of July 16, 2009, the representatives
reported on a petition filed by the victim with the Contralor General de la República de Chile
[General Comptroller of the Chilean Republic] “asking for the annulment of Order No. 228 of
May 28, 1993, which provided for the early termination of his contract with the Armed
Forces." Said petition is related to "the claims aimed at being granted the retirement and
social security rights to which he would have been entitled if his [employment] contract
[with the Armed Forces] had become effective.” The representatives sent a copy of Mr.
Palamara-Iribarne’s petition and the denial of the Contraloría General de la República de
Chile [General Comptroller’s Office of the Chilean Republic].
21.
That the Court observes that the representatives only mentioned the steps taken by
their client and attached the aforementioned information, without including a legal
10
Case of Palamara-Iribarne, supra note 7, para. 256.