3 9. On June 22, 1998, the Commission made itself available to the parties in order to reach a friendly settlement in the case, pursuant to Article 48(1)(f) of the American Convention. However, it was not possible to reach this type of settlement. 10. On September 29, 1998, during its 100th regular session, the Commission, pursuant to Article 50 of the Convention, adopted report No. 69/98. In this report, the Commission concluded: 95. That the judgment of the Court of Appeal of Santiago, Chile, of January 20, 1997, and its confirmation by the Supreme Court of Chile on June 17, 1997, annulling the administrative decision of the National Cinematographic Classification Council that approved the exhibition of the film “The Last Temptation of Christ”, on November 11, 1996, when the American Convention on Human Rights, ratified by the State on August 21, 1990, had already entered into force in Chile, are incompatible with the provisions of the American Convention on Human Rights, and violate the provisions of Articles 1(1) and 2 of the Convention. 96. With regard to the persons in whose name this case has been filed, the State of Chile has failed to comply with its obligation to recognize and guarantee the rights established in Articles 12 and 13 in relation to Articles 1(1) and 2 of the American Convention on Human Rights, to which Chile is a State Party. 97. When a constitutional provision is not compatible with the Convention, pursuant to Article 2, the State Party is obliged to adopt the necessary legislative measures (of either a constitutional or ordinary nature) to make effective the rights and freedoms guaranteed by the Convention. 98. The Chilean State has not complied with the provisions of Article 2 of the American Convention, since it has not adopted the necessary legislative or other measures, in accordance with its constitutional procedures, to make effective the rights and freedoms contained in the Convention. 99. The Commission evaluates positively the democratic Government of Chile’s initiatives aimed at the adoption by the competent organs of the necessary legislative or other measures, in accordance with its existing constitutional and legal procedures, to make effective the right to freedom of expression. And the Commission recommended that Chile should: 1. Abolish the censorship in force with regard to the exhibition of the film “The Last Temptation of Christ”, in violation of Article 13 of the American Convention. 2. Adopt the necessary measures to adapt its domestic legislation to the provisions of the American Convention on Human Rights, so that the right to freedom of expression and all the other rights and freedoms contained in it are fully valid and applicable in the Republic of Chile. 11. On October 15, 1998, the Commission transmitted this report to the State, and granted it a period of two months to comply with the recommendations. When the period elapsed, the State had not submitted any information on compliance with the recommendations and it did not comply with them. IV PROCEDURE BEFORE THE COURT 12. The application in this case was submitted to the Court on January 15, 1999. The Commission appointed Carlos Ayala Corao, Robert K. Goldman and Alvaro Tirado Mejía as its delegates, Manuel Velasco Clark and Verónica Gómez as its advisors, and Viviana Krsticevic, Executive Director of the Center for Justice and International Law (CEJIL) as its assistant. The Commission also advised that Juan Pablo Olmedo