The facts of the case relate to the censure of the book “Ethics and the intelligence services”, written by Humberto Antonio Palamara Iribarne, in which he addresses aspects of military intelligence. On the basis of this book, the victim was subjected to criminal proceedings in a military court for the crimes of disobedience and contempt, because at the time of the events, the victim was a retired officer of the Chilean Navy.

The IA Court expressed the incompatibility of military jurisdiction with the American Convention in terms of its jurisdiction to try civilians, the lack of independence and impartiality of the military courts, as well as the violation of judicial guarantees occurring through a process characterized by secrecy and inquisition. The Court also analyzed the criminal prosecution of the crime of contempt in the context of a democratic society, and its implications on the exercise of the right to freedom of thought and expression.