13
d)
Leave without effect, in all its points, the convictions issued against Mr.
Humberto Antonio Palamara Iribarne: the judgment of January 3, 1995 of the
Army’s Court-Martial in Case No. 471 for the crime of contempt and the
judgments issued by said Court-Martial 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 non-compliance of military duties (twelfth operative paragraph of the
Judgment);
e)
Pay Mr. Humberto Antonio Palamara Iribarne the amounts set as
compensation for pecuniary damages in paragraphs 239, 242, and 243 of the […]
Judgment (sixteenth operative paragraph of the Judgment);
f)
Pay Mr. Humberto Antonio Palamara Iribarne the amount set as
compensation for non-pecuniary damage in paragraph 248 of the […] Judgment
(seventeenth operative paragraph of the Judgment); and
g)
Pay Mr. Humberto Antonio Palamara Iribarne the amount set for costs and
expenses in paragraph 260 of the […] Judgment (eighteenth operative paragraph
of the Judgment).
40.
That the Court values positively that the State has complied with the majority of
the reparations ordered by the Tribunal and that it has presented information regarding
the totality of the measures of reparation set in the Judgment of November 22, 2005.
41.
That the Court considers it essential that the State present updated information
on the operative paragraphs of the Judgment of November 22, 2005 that are pending
compliance, which are specified below:
a)
Adopt all the measures necessary to annul and modify, within a
reasonable term, any domestic norms that are not compatible with international
standards in matters of freedom of thought and expression, in the terms of the
paragraphs 254 and 255 of the present Judgment. (thirteenth operative
paragraph of the Judgment). Specifically, the Inter-American Court asks the
State to present detailed information on the measures put in action to comply
with the Judgment in this sense, including the presentation of bills and
documents of interest, as well as reports on the stages and estimated terms for
compliance with this point of the Judgment. (supra Considering Clause number
26).
b)
Adjust the domestic juridical ordinance to international standards on
military criminal jurisdiction, in such a way that in the case that it considers the
existence of a military criminal jurisdiction necessary, the same must be limited
only to knowing of crimes of duty committed by soldiers in active service.
Therefore, the State must establish, through its legislation, limits to the material
and personal competence of the military courts, ensuring that in no circumstance
will a civilian be submitted to the jurisdiction of military criminal courts
(fourteenth operative paragraph of the Judgment).
c)
Guarantee the due process in the military criminal jurisdiction and the
judicial protection regarding the actions of the military authorities (fifteenth
operative paragraph of the Judgment). Specifically, the Inter-American Court
considers it necessary that Chile: a) continue providing updated and detailed
information regarding the measures put in action to comply with the fourteenth
and fifteenth operative paragraphs of the Judgment, including the sending of bills
and relevant documents; b) that is specifically inform on the advances in the