115
d)
Adaptation of domestic law to the international standards on contempt
254. The Court values the reform of the Criminal Code enacted through the
publication of Law No. 20,048 on August 31, 2005, whereby certain provisions
addressing the crime of contempt were repealed and modified. Regarding the
domestic legal provisions that still regulate such crime (supra paras. 92 and 93),
within a reasonable time period the State is required to adopt such measures as may
be required to repeal and modify whatever legal provisions may be incompatible with
the international standards on freedom of thought and expression, in a manner such
that all persons are allowed to exercise democratic control over all state institutions
and officials, through the free expression of their ideas and opinions on their
performance in office without fearing future retaliation.
255. For such purpose, the State is to take special consideration of the provisions of
the American Convention, in line with the criteria laid down in paragraphs 79 to 93 of
this Judgment.
e)
Adaptation of domestic law to the international standards on military criminal
jurisdiction
256. As to the need to bring its domestic law in line with the international standards
on military criminal jurisdiction, it is the Court’s view that, should the State consider
that having military criminal courts is in fact necessary, their jurisdiction should be
restricted to cases concerning crimes of a strictly military nature committed by
military personnel in active service only. Therefore, through its own domestic laws,
the State is required to set limits to the subject-matter and personal jurisdiction of
military courts, so that under no circumstance may a civilian be subjected to the
jurisdiction of military courts (supra paras. 120 to 144). The State is to implement
the necessary legislative changes within a reasonable term.
257. Furthermore, within the military criminal jurisdiction, court members shall meet
the competence, impartiality and independence requirements stated in paragraphs
120 to 161 of this Judgment. Moreover, the State is to guarantee due process of law
before the military criminal courts and judicial protection in the context of
proceedings before military authorities, as stated in paragraphs 162 to 189 of this
Judgment.
258. With regard to the other claims on reparations, the Court considers that this
Judgment constitutes, in and of itself, a form of reparation.
D) COSTS AND EXPENSES
259. As the Court has stated on previous occasions, costs and expenses are
contemplated within the concept of reparations as enshrined in Article 63(1) of the
American Convention, since the victim’ efforts to obtain justice at both the domestic
and international levels generate expenses that must be compensated when the
State’s international responsibility has been established in a condemnatory
judgment. With regard to their reimbursement, the Court must prudently assess
their extent, which involves the expenses incurred when acting before the authorities
with domestic jurisdiction as well as those incurred in the course of proceedings
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