45 215. The representatives also stated that “the Venezuelan State must adapt its national legislation” and requested the Court to order the State: i) “to reform its Organic Code of Military Justice, in order to ensure that military justice is applied exclusively to the military, in order to keep military discipline or when a crime is committed while performing military functions, in a manner compatible with [the Convention]”; ii) “to repeal criminal concepts that penalize contempt or slander against the State or State institutions, or the individuals performing public functions, in order to guarantee full enjoyment of the freedom of expression, in a compatible manner with the American Convention on Human Rights; and iii) to reform the Penitentiary Law and the Internal Regulations of the Departments for the Accused Military Members, in order to adapt the system of disciplinary punishment to the requirements of due process, and to avoid that sanctions may be applied to inmates for the exercise of a legitimate right.” 216. As regards the need to adapt the domestic legislation to international standards regarding military criminal jurisdiction, this Tribunal observes that Decree No. 6,239 “Rank, Value and Force of the Organic Law of the Bolivarian National Armed Forces” of July 22, 2008, indicates the following: The Organic Law of the National Armed Forces, published in the Official Gazette of the Republic of Venezuela No. 4,860 of February 22, 1995 is abolished; the Organic Law of the National Armed Forces published in the Official Gazette of the Bolivarian Republic of Venezuela No. 38,280 of September 26, 2005, and the other provisions contained in the resolutions, guidelines, and regulatory instruments in disagreement with the provisions of [said] Decree [No. 6,239] with Rank, Value and Force of Organic Law are abolished.161 217. In turn, Article 127 of Decree No. 6,239 sets forth that “all the active members of the Bolivarian National Armed Forces shall be subjected to the military criminal jurisdiction when they commit any military crime, as established under the law”. The Court considers that such Article adheres to the standards of the American Convention and jurisprudence of this Tribunal (supra paras. 108 to 111). However, the Court deems it pertinent to order that the State abolish, by means of its legislation, limits to the competence of the military jurisdiction so that the provisions pertain only active military members or performing military functions. Likewise, the State must repeal all domestic legislation that is not in conformance with said Court jurisprudence (supra para. 111). The State must adopt the necessary modifications to its legislation within a reasonable time. 218. As regards Article 505 of the Organic Code of Military Justice on the basis of which Mr. Usón Ramírez was tried and judgmentd, this Tribunal considers that this norm does not strictly define the criminal behavior, the good protected, or the subject, inter alia, resulting in a broad, vague and ambiguous legal definition allowing for civilians to be tried in a military court (supra paras. 56, 57, 58, and 114). Therefore, the Court considers that the State shall adopt, within a reasonable time, all the necessary measures to abolish or amend such legislation, pursuant to Articles 2, 7, 8, 9, and 13 of the Convention, as well as to what has been said in this Judgment and in the jurisprudence of the Court. In any case, the State must allow for the people to exercise the democratic control over all state institutions and their civil servants by means of freely expressing their ideas and opinions about their performance, fearing no further repression. 219. Lastly, the Tribunal reiterates the above statements (supra para. 102), in the sense that the alleged application of the Penitentiary Regimen and the Internal Regulations of the Departments for the Accused Military Members to the case of Mr. Usón Ramírez does not 161 Decree N° 6.239 “with Rank, Value, and Force of Organic Law of the Bolivarian National Armed Forces” of July 22, 2008, repeal provision. Official Gazette of the Bolivarian Republic of Venezuela Nº 5.891 Extraordinary of July 31, 208.