15
f)
Paying Mr. Humberto Antonio Palamara Iribarne the amount set as
compensation for non-pecuniary damages (seventeenth operative paragraph of
the Judgment of November 22, 2005); and
g)
Paying Mr. Humberto Antonio Palamara Iribarne the amount set for costs
and expenses (eighteenth operative paragraph of the Judgment of November 22,
2005).
2.
That pursuant to that stated in the Considering Clause number 41 of the present
Order it will keep the monitoring procedure of compliance with the matters pending
compliance in the present case open, specifically:
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 of November 22, 2005);
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 hearing 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 of November 22, 2005); and
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 of November 22, 2005).
AND DECIDES:
1.
To order the State to adopt all the measures necessary to give an effective and
prompt compliance to the matters pending compliance that were ordered by the
Tribunal in the Judgment on merits, reparations, and costs of November 22, 2005, and
in the present Order, pursuant to that stated in Article 68(1) of the American
Convention on Human Rights.
2.
To ask that the State present to the Inter-American Court of Human Rights, no
later than May 30, 2008, a report in which it must indicate all the measures adopted to
comply with the reparations ordered by this Court that are still pending compliance,
pursuant to that stated in Considering Clause number 41 and the Second Declarative
Paragraph of the present Order.
3.
To call upon the representative of the victims and the Inter-American
Commission on Human Rights to present their observations to the report of the State
mentioned in the preceding operative paragraph within four and six weeks, respectively,
computed as of its receipt.
4.
To continue monitoring the matters pending compliance of the judgment on
merits, reparations, and costs of November 22, 2005.