4
6.
That the States Parties to the Convention must ensure compliance with its
provisions and their inherent effects (effet utile) within their respective domestic legal
systems. This principle is applicable with regard not only to the substantive norms of
human rights treaties (that is, those that include stipulations on the protected rights),
but also to the procedural norms, such as those referring to compliance with the
decisions of the Court. These obligations shall be interpreted and applied so that the
guarantee protected is truly practical and effective, bearing in mind the special nature of
human rights treaties.3
7.
That the States Parties to the Convention that have acknowledged the
adjudicatory jurisdiction of the Court are obliged to comply with the obligations
established by the Tribunal. This obligation includes the State’s duty to inform the Court
of the measures adopted to comply with that ordered by the Tribunal in said decisions.
The timely observance of the State’s obligation to inform the Tribunal of how it is
complying with each of the points ordered by the latter is fundamental for the evaluation
of the status of compliance of the Judgment in its totality.4
*
*
*
8.
That in relation to the obligation to allow Mr. Humberto Antonio Palamara Iribarne
to publish his book, as well as return all the material of which he was deprived, the State
informed that “it offered the claimant a new printing of the copies of the book seized,
which was accepted by Mr. Humberto Palamara��s legal representative […] on November
16, 2006,” and that “[s]aid printing was carried out in the Printing Press of the Chilean
Army and the delivery of the 1,000 copies and the book’s electronic version was made
directly [to the claimant] on Wednesday December 27, 2006.”
9.
That the representatives informed that on December 27, 2006, “the delivery of
the 1,000 copies of the books printed in the Printing Press of the Chilean Army and the
electronic version of the book” took place in the Human Rights Office of the Ministry of
Foreign Affairs. Therefore, they consider “that the obligation to allow Mr. Palamara
Iribarne to publish his book […], as well as the return of the copies pursuant to the
operative paragraph of the judgment was complied with by the State, even when said
compliance has not respected the six-month term established by the Court.”
10.
That in this regard the Inter-American Commission indicated that said obligation
“was fulfilled by the State, even when said compliance has not respected the six-month
term established by the Court;” and “observe[d] with satisfaction that the State adopted
specific measures to fully comply with the state’s obligation.”
*
*
*
3
Cfr. Case of Ivcher Bronstein. Competence. Judgment of September 24, 1999, para. 37; Case of
Gómez Palomino. Monitoring Compliance with Judgment. Order of the Inter-American Court on Human Rights
of October 18, 2007, Considering Clause number four; and Case of Molina Theissen. Monitoring Compliance
with Judgment, supra note 1, Considering Clause number four.
4
Cfr. Case of Barrios Altos. Compliance with Judgment. Order of the Inter-American Court of Human
Rights of September 22, 2005, Considering Clause number seven; Case of Gómez Palomino. Monitoring
Compliance with Judgment, supra note 3, Considering Clause number five; and Case of García Asto and
Ramírez Rojas. Monitoring Compliance with Judgment, supra note 1, Considering Clause number eight.