E.3 Dismissal of the case against Carlos Baraona Bray 64. Once the six-month period of suspension of the sentence had elapsed - counted from the date on which the judgment delivered on June 22, 2004, by the Guarantee Court became final - and in accordance with Article 398 of the Code Criminal Procedure (supra para. 49), a hearing was scheduled to decree the definitive dismissal of the case against Carlos Baraona Bray. On August 1, 2005, said court held the hearing and dismissed the case completely and definitively.74 Said decision is currently final and enforceable. In this regard, the Guarantee Court has indicated that the case is closed75 and that it was archived on August 10, 2005.76 F. Events subsequent to the dismissal of the case 65. In 2006, the Chilean National Television Channel contacted Mr. Baraona to ask him to tell his story and explain the reasons why he had been convicted.77 As a result, on November 14, 2006, the channel broadcast the program “Piel de Jaguar – Alerce, La Coca Verde,” in which the alleged victim recounted what had happened in the criminal proceedings against him. In response, Senator SP filed a new lawsuit for serious insults against Carlos Baraona Bray and the Executive Director of Televisión Nacional de Chile. The Guarantee Court decided to acquit both defendants on October 4, 2007.78 VIII MERITS 66. This case concerns the alleged international responsibility of the State for the violation of the right to freedom of expression for imposing subsequent criminal liability for the exercise of the right to freedom of expression in matters of environmental protection, as well as the alleged violation of judicial protection for failure to provide an effective judicial remedy. These violations occurred to the detriment of a person who, it is alleged, could be characterized as a defender of the environment. Accordingly, the Court will first consider the arguments related to the alleged victim’s status as an environmental defender. Cf. Dismissal Hearing – Decision on Case RIT 1283-2004, RUC 0410008047-3, regarding Carlos Baraona Bray, issued by the Guarantee Court of Puerto Montt, on August 1, 2005 (evidence file, folio 2158). 75 Cf. Certificate of Final Dismissal of Case RIT 1283-2004, RUC 0410008047-3, regarding Carlos Baraona Bray, issued by the Judge of the Guarantee Court of Puerto Montt, January 30, 2020 (evidence file, folio 2200). 76 Cf. List of cases 90-2005, from the Judicial Management Support System, Court of Guarantee of Puerto Montt, August 10, 2005 (evidence file, folio 2159). 77 Cf. Statement of Carlos Baraona Bray before the Court, supra. 78 In its judgment the Court of Guarantee of Puerto Montt ruled: 74 […] That the statements made by attorney Baraona, both in the television program and in the newspaper El Llanquihue, in the context of a matter of public interest, and even more so, what he has done as the attorney for the plaintiff, that is, in compliance with a mandate and in the context of a criminal trial still pending, therefore, public interest must prevail over the private interest. The same applies to the TVN program, where the duty to report on a subject of national interest must prevail in this case, if the necessary safeguards and measures have been taken for its broadcast, as established by Law 19.733 and in the law of the National Television Council, Articles 1, 12 and 33. […]It is hereby declared that: this court did not [...] reach the conclusion that the evidence provided [...] establishes the crime of serious slander with publicity and acquits Carlos Baraona Bray and Daniel Fernández Kpprich, who have already been named, of the charges filed. The plaintiff is not ordered to pay costs, as it is considered that he had a plausible motive to bring the action. Cf. Judgment of the Guarantee Court of Puerto Montt, of October 4, 2007, supra. 22