114
a)
Publication of the book and delivery of copies and other materials back to Mr.
Palamara-Iribarne
250. The State must allow Mr. Palamara-Iribarne to get his book published.
Furthermore, the State shall, within a period of six months, deliver back to him all
materials seized from him (supra para. 63(19) and 63(20)). The copies of the book
and related materials were seized by the State on March 1, 1993 from the Ateli
publishing company and the residence of Mr. Palamara-Iribarne; a seizure warrant
was subsequently issued in the judgment of conviction for the crime of disobedience
and breach of military duties (supra para. 63(66)(f)).
251. Due to the material role played by the electronic version of a given work in its
update and modification by its author, the Court hereby holds that the State is
required to adopt such measures as may be required so that, should there be no
electronic version of the book, it will recover all information from the hard copy and
digitize it into an electronic version, which is to be done within a period of six months.
b)
Publication of the Judgment
252. As ordered in other cases and as a measure of satisfaction,234 the State shall
publish once in the Official Gazette and in another national large-circulation
newspaper the proven facts chapter of this Judgment, without the relevant
footnotes, and the operative paragraphs hereof. The full text of the judgment shall
be published on the State’s official website. Said publications shall be made within
six months of notice of this Judgment.
c)
Regarding the Judgments of conviction rendered against Palamara-Iribarne
253. The Court has found that the criminal proceedings instituted and carried out
against Mr. Palamara-Iribarne before the military criminal courts did not satisfy the
guarantees of competence, impartiality and independence required for the rights to
be heard by a competent tribunal and due process of law to be respected in a
democratic State. Given the characteristics of the instant case, the Court finds that
the State is to annul in their entirety, within a period of six months, the judgments of
conviction rendered against Mr. Palamara-Iribarne, namely: the judgment rendered
on January 3, 1995 by the Navy Court-Martial in Case known as Rol No. 471 for the
crime of contempt (supra para. 63(91)) and the judgments rendered by said CourtMartial in Case No. 464 on January 3, 1997 and by the Naval Court of Magallanes on
June 10, 1996, for the crimes of disobedience and breach of military duties (supra
paras. 63(66) and 63(68)). The Court finds that the State is required to adopt, within
a period of six months, all such judicial, administrative and any other measures as
may be required to fully annul the military criminal proceedings instituted against Mr.
Palamara-Iribarne and to secure the removal of his criminal history from the relevant
records.
234
Cf. Case of Acosta-Calderón, supra note 189, para. 164; Case of YATAMA, supra note 5, para. 252,
and Case of the Indigenous Community Yakye Axa, supra note 5, para. 226.
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