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

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