principle that has always governed the procedure before this Court, given that it is
not a process that solely pursues the purpose of property reparation.
VII
CONCLUSION
166. In conclusion, I consider that it is appropriate to reject the claims for
reparation that the State did not admit in the manner in which the majority vote of
the Court does so and to summon the State to cancel any record or effect that may
remain from the unexecuted conviction, in the same sense as indicated by the
majority.
167.
In all other respects and as for the remainder, I consider that:
1) the State must be acquitted,
2) it must be warned that in the future it must refrain from incurring in formal
defenses, respecting the adversarial nature of the procedure before this
Court
3) and that the costs and expenses caused by this case be imposed on the
State.
This is my opinion.
Eugenio Raul Zaffaroni
Judge
Pablo Saavedra Alessandri
Secretary
26
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