72
right to property.”
Such proceedings were arbitrary and aimed at “imposing
censorship on [Mr. Palamara-Iribarne’s] works and to that purpose the State
deprived him of his intellectual property.”
98.
Arguments of the State
a)
Seizure is contemplated in the Code of Criminal Procedure as a “general
measure,” while the Criminal Code provides for the additional punishment of
forfeiture. “[Th]e precautionary measure adopted, which was later turned into
the additional punishment of forfeiture of the property allegedly constituting
the corpus delicti, does not violate […] Article 21 of the Convention in any
manner whatsoever.” According to Chilean procedural law, after the
commission of a criminal offense has been established, the judge has no other
choice but to seize the related property and instruments; and
b)
No State agents were involved in the erasure of the full text of the book
from the hard disk of Mr. Palamara-Iribarne’s personal computer; rather it was
he who erased such text. Furthermore, after examining the alleged victim’s
personal computer, the technical experts pointed out that there was no file
containing the text of the book.
Considerations of the Court
99.
Article 21 of the American Convention sets forth that:
1.
Everyone has the right to the use and enjoyment of his property.
The law may subordinate such use and enjoyment to the interest of
society.
2.
No one shall be deprived of his property except upon payment of
just compensation, for reasons of public utility or social interest, and in
the cases and according to the forms established by law.
[…]
100. In the chapter regarding Article 13 of the Convention the Court considered,
inter alia, that the seizure of the copies of the book “Ética y Servicios de Inteligencia”
(Ethics and Intelligence Services), written by Mr. Palamara-Iribarne and published by
Ateli Limitada publishing company, as well as the erasure of the electronic
information from his computer and from the computers of the above publishing
company, constituted acts of censorship which prevented Mr. Palamara-Iribarne from
disseminating and marketing the above-mentioned book (supra paras. 73 to 78).
According to the information forwarded to the Court, since the above seizure and
erasure took place, all the material seized in relation to the book has been kept by
the State.
101. In order to establish whether the foregoing facts constitute a deprivation of Mr.
Palamara-Iribarne’s property rights on the copies of the book seized and the material
concerning such book, the Court takes into consideration that the parties to the
instant case agree that Mr. Palamara-Iribarne is the author of the book “Ética y
Seleccionar párrafo de destino3
Conectar a un párrafo
Connect to an entity
Disable highlights
Añadir a la tabla de contenidos