-58the chapter on the Proven Facts of this judgment, paragraphs 69 to 71, 73, 74, 77, 88 to
103, 117 to 123, 132 to 137 and 139 to 143 of this judgment, which correspond to
Chapters VII and VIII on the violations declared by the Court, without the corresponding
footnotes, and the operative paragraphs hereof. This publication should be made within
six months of notification of this judgment.
C.3) Adoption of the necessary measures to guarantee the right of access to State-held
information
161. The Court also considers it important to remind the State that, in keeping with the
provisions of Article 2 of the Convention, if the exercise of the rights and freedoms
protected by this treaty is not guaranteed, it has the obligation to adopt the legislative
and other measures necessary to make these rights and freedoms effective.
162. The Court appreciates the significant normative progress that Chile has made
concerning access to State-held information, that a draft law on access to public
information is being processed, and that efforts are being made to create a special
judicial recourse to protect access to public information (supra para. 57(35)).
163. Nevertheless, the Court finds it necessary to reiterate that the general obligation
contained in Article 2 of the Convention involves the elimination of norms and practices of
any type that result in violations of the guarantees established in the Convention, as well
as the enactment of laws and the development of practices conducive to the effective
observance of these guarantees (supra para. 64). Hence, Chile must adopt the necessary
measures to guarantee the protection of the right of access to State-held information,
and these should include a guarantee of the effectiveness of an appropriate
administrative procedure for processing and deciding requests for information, which
establishes time limits for taking a decision and providing information, and which is
administered by duly trained officials.
C.4) Training for public entities, authorities and agents on access to State-held
information
164. In this case, the administrative authority responsible for deciding the request for
information of Messrs. Claude Reyes and Longton Guerrero adopted a position that
violated the right of access to State-held information. In this regard, the Court observes
with concern that several probative elements contributed to the case file reveal that
public officials do not respond effectively to requests for information.
165. The Court considers that, within a reasonable time, the State should provide
training to public entities, authorities and agents responsible for responding to requests
for access to State-held information on the laws and regulations governing this right; this
should incorporates the parameters established in the Convention concerning restrictions
to access to this information that must be respected (supra paras. 77 and 88 to 101).
D)
COSTS AND EXPENSES
166. As the Court has indicated previously, costs and expenses are included in the
concept of reparations embodied in Article 63(1) of the American Convention, because
the activity deployed by the victim in order to obtain justice at both the national and the
international levels entails expenditure that must be compensated when the State’s
international responsibility is declared in a judgment against it. Regarding their