-46the requested information, or an answer justifying the restrictions to their right of access
to State-held information.
*
*
*
100. The Court appreciates the efforts made by Chile to adapt its laws to the American
Convention concerning access to State-held information; in particular, the reform of the
Constitution in 2005, which established that the confidentiality or secrecy of information
must be established by law (supra para. 57(41), a provision that did not exist at the time
of the facts of this case.
101. Nevertheless, the Court considers it necessary to reiterate that, in accordance
with the obligation established in Article 2 of the Convention, the State must adopt the
necessary measures to guarantee the rights protected by the Convention, which entails
the elimination of norms and practices that result in the violation of such rights, as well
as the enactment of laws and the development of practices leading to the effective
respect for these guarantees. In particular, this means that laws and regulations
governing restrictions to access to State-held information must comply with the
Convention’s parameters and restrictions may only be applied for the reasons allowed by
the Convention (supra paras. 88 to 93); this also relates to the decisions on this issue
adopted by domestic bodies.
102. It should be indicated that the violations in this case occurred before the State
had made these reforms; consequently, the Court concludes that, in the instant case, the
State did not comply with the obligations imposed by Article 2 of the American
Convention to adopt the legislative or other measures necessary to give effect to the
right to freedom of thought and expression of Marcel Claude Reyes and Arturo Longton
Guerrero.
*
*
*
103. Based on the above, the Court finds that the State violated the right to freedom of
thought and expression embodied in Article 13 of the American Convention to the
detriment of Marcel Claude Reyes and Arturo Longton Guerrero, and failed to comply with
the general obligation to respect and ensure the rights and freedoms established in
Article 1(1) thereof. In addition, by not having adopted the measures that were
necessary and compatible with the Convention to make effective the right of access to
State-held information, Chile failed to comply with the general obligation to adopt
domestic legal provisions arising from Article 2 of the Convention.
VIII
ARTICLE 23 (RIGHT TO PARTICIPATE IN GOVERNMENT)
OF THE AMERICAN CONVENTION
IN RELATION TO ARTICLES 1(1) AND 2 THEREOF
104. The Commission did not allege that Article 23 of the Convention had been
violated.
The arguments of the alleged victims’ representative: