8 v) vi) 41. the failure by the Military Prosecutor’s Office to challenge the decision rendered by the Court-Martial on March 25, 1998; and the failure by the Supreme Court of Justice of Chile to control the constitutionality of the Amnesty Law enacted by Decree Law No. 2.191 of 1978, pursuant to the provisions of Article 80 of the Constitution; b) these actions or omissions by judicial authorities constitute a failure by the State to comply with its obligations to conduct an effective investigation and to provide an effective remedy which punishes the accused for the commission of the crime. In all cases, there have been specific and independent violations of the Convention, which were subsequent to the recognition of the jurisdiction of the Inter-American Court, and c) the acts in violation of the obligation of the State to adapt its legislation to the provisions of the Convention are also issues over which the Court has jurisdiction. In the specific case of laws opposing the American Convention, their ongoing effectiveness, regardless of the date of enactment thereof, is, in fact, a repetitive violation of the obligations set forth in Article 2 of the Convention. Additionally, any act in application of such law which affects the rights and liberties protected by the Convention should be deemed as an independent violation. Arguments of the Representative a) this international proceeding was not started on the grounds of the murder of Mr. Almonacid-Arellano, which occurred in September 1973, but on the grounds of the denial of justice in the investigation into said crime, which constitutes an independent violation, though related to said murder; b) denial of justice started on September 25, 1996, when the military courts claimed to have jurisdiction over the crime of murder; it continued with Order of December 5, 1996 issued by the Supreme Court, which in deciding whether the military or civilian courts were competent to hear the instant case decided for the former; it later continued with Order of January 28, 1997 issued by the Second Military Court of Santiago, which dismissed the case, and was finally completed with Order of March 25, 1998 issued by the Court-Martial, which upheld the prior dismissal of the case. Therefore, all the events which constituted denial of justice were subsequent to March 12, 1990, and c) the legal interest protected regarding the crime of murder is the right to life and that protected regarding denial of justice is the integrity of justice. Therefore, murder and denial of justice are related acts, though legally independent and autonomous. Considerations of the Court

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