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censorship and the restrictions imposed on the exercise of this right, and has failed
to comply with the general obligation to respect and ensure respect for the rights
and freedoms set forth in Article 1(1) of said Convention. In addition, Chile has
failed to comply with the general obligation to adopt domestic laws laid out in Article
2 of the Convention insofar as it included contempt provisions in its domestic
legislation, some of which are still in force, which are contrary to Article 13 of the
Convention.
VIII
VIOLATION OF ARTICLE 21 OF THE CONVENTION
IN RELATION TO ARTICLE 1(1) THEREOF
(RIGHT TO PRIVATE PROPERTY)
96.
Arguments of the Commission
a)
The State deprived Mr. Palamara-Iribarne of his property upon seizing the
copies of the book “Ética y Servicios de Inteligencia” (Ethics and Intelligence
Services) and the data stored in the hard disk of his personal computer, and
interfered with his legitimate right to “the use and enjoyment” thereof in
violation of Article 21(1) and 21(2) of the Convention;
b)
Not only were the books seized from Mr. Palamara-Iribarne his property,
but also the data stored in the hard disk of his personal computer and the
intellectual property rights thereon he was not allowed to enjoy, as the
publication of the above-mentioned book was prohibited. “[Th]e document
simply disappeared and […] so did all the material stored in his personal
computer;”
c)
The measure adopted by the Naval Court ordering the above seizure was
neither based on reasons of public utility or social interest nor on reasons of
national security. “[O]n the contrary [, …] pursuant to Article 13 of the
Convention it is an illegal act of censorship.” Furthermore, no allegations or
evidence have been submitted which show that Mr. Palamara-Iribarne has
received compensation for the deprivation of the use and enjoyment of his
property;
d)
As to the duty set forth in Article 2 of the Convention to “adopt other
measures” to enforce the rights and freedoms recognized by the Convention,
should the courts of law refuse to enforce the provisions of the above treaty or
be unable to do so given the need to adapt the domestic legislation, their
decisions give rise to international responsibility; and
e)
The State must overturn the domestic judgment whereby Mr. PalamaraIribarne was convicted.
97.
Arguments of the representatives
They concur with the arguments submitted by the Commission, adding that the
condemnatory judgment rendered in Case No. 464 for the criminal offenses of
disobedience and breach of military duties “constituted an irreparable violation of the
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